Wagner v. Colvin

Filing 24

ORDER granting 23 Joint Stipulation for EAJA Fees by Judge Philip A. Brimmer on 6/26/17. (dkals, )

IN THE UNITED STATES DISTRICT COURT
FOR THE DISTRICT OF COLORADO
Judge Philip A. Brimmer
Civil Action No. 16-cv-00689-PAB
TERRI L. WAGNER,
Plaintiff,
v.
NANCY A. BERRYHILL, Acting Commissioner of Social Security,
Defendant.
_____________________________________________________________________
ORDER
_____________________________________________________________________
This matter comes before the Court on the parties’ Joint Stipulation f or EAJA
Fees [Docket No. 23]. The parties stipulate to an award of $6,800.00 in attorney’s fees
under the Equal Access to Justice Act (“EAJA”), 28 U.S.C. § 2412, and the parties
agree that the fees must be paid to plaintiff. Docket No. 23 at 1-2. The EAJA statute
provides that “a court shall award to a prevailing party . . . fees and other expenses . . .
incurred by that party in any civil action . . ., including proceedings for judicial review of
agency action, brought by or against the United States . . ., unless the court f inds that
the position of the United States was substantially justified or that special
circumstances make an award unjust.” 28 U.S.C. § 2412(d)(1)(A). The Court has
reviewed the pleading and is fully advised of the premises.
Accordingly, it is
ORDERED that the parties’ Joint Stipulation for EAJA Fees [Docket No. 23] is
GRANTED. Defendant is ordered to pay the amount of $6,800.00 to plaintiff for

attorney’s fees under the EAJA, 28 U.S.C. § 2412(d). It is f urther
ORDERED that this award is without prejudice to the right of plaintiff’s counsel to
seek attorney fees under section 206(b) of the Social Security Act, 42 U.S.C. § 406(b),
subject to the offset provisions of the EAJA. It is further
ORDERED that the EAJA attorney fee award shall be made payable to plaintiff
and mailed to plaintiff’s attorney pursuant to Manning v. Astrue, 510 F.3d 1246, 1251
(10th Cir. 2007). It is further
ORDERED that, if it is determined upon effectuation of this Order that plaintiff
does not owe a debt that is subject to offset under the Treasury Offset Program, and
the Commissioner agrees to accept the assignment, the fee awarded herein shall be
made payable to plaintiff’s attorney. If there is such a debt, any fee remaining after
offset will be payable to plaintiff and delivered to plaintiff’s attorney.

DATED June 26, 2017.
BY THE COURT:

s/Philip A. Brimmer
PHILIP A. BRIMMER
United States District Judge