Dolley v. Colvin

Filing 21

ORDER Granting 20 Plaintiff's Stipulated Motion for Attorney Fees Under Equal Access to Justice Act. It is further ORDERED that attorney fees be, and hereby are, awarded under the Equal Access to Justice Act, 28 U.S.C. ' 2412 (d), payable to Plaintiff in care of his attorney in the amount of $1,316.00., by Judge Wiley Y. Daniel on 1/25/2016.(evana, )

IN THE UNITED STATES DISTRICT COURT
FOR THE DISTRICT OF COLORADO
Senior Judge Wiley Y. Daniel
Civil Action No.

15-cv-02017-WYD

SHAUN CURTIS DOLLEY,
Plaintiff,
v.
CAROLYN COLVIN, Acting Commissioner of Social Security Social Security
Administration,
Defendant.

ORDER
THIS MATTER having come before the Court upon Plaintiff's Stipulated Motion for
Attorney Fees Under Equal Access to Justice Act [ECF Doc. No. 20], it is hereby
ORDERED that Plaintiff's Stipulated Motion for Attorney Fees Under Equal Access
to Justice Act [ECF Doc. No. 20], filed January 25, 2016, is GRANTED. It is further
ORDERED that attorney fees be, and hereby are, awarded under the Equal
Access to Justice Act, 28 U.S.C. ' 2412(d), payable to Plaintiff in care of his attorney in
the amount of $1,316.00. See Astrue v. Ratliff, 130 U.S. 2521 (2010) (EAJA fees are
paid to the prevailing party, not the attorney). It is further
ORDERED THAT, if Plaintiff's counsel receives attorney fees under both the EAJA
and 42 U.S.C. ' 406(b) of the Social Security Act, Plaintiff's counsel shall refund the

smaller award to Plaintiff pursuant to Weakley v. Bowen, 803 F.2d 575, 580 (10th Cir.
1986).
Dated: January 25, 2016
BY THE COURT:

/s/ Wiley Y. Daniel
WILEY Y. DANIEL,
SENIOR UNITED STATES DISTRICT JUDGE