Brundage v. Commissioner of Social Security

Filing 23

SO ORDERED re: 22 Stipulation for Allowance of Fees Under the Equal Access to Justice Act filed by Commissioner of Social Security. See attached. Signed by Judge Sarah A. L. Merriam on 10/28/15.(Esposito, A.)

UNITED STATES DISTRICT COURT
DISTRICT OF CONNECTICUT
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:
LISA ANN BRUNDAGE
:
:
v.
:
:
CAROLYN W. COLVIN, ACTING
:
COMMISSIONER OF SOCIAL
:
SECURITY
:
:
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Civ. No. 3:15CV00032(SALM)

October 28, 2015

ORDER ON STIPULATION FOR ALLOWANCE OF FEES
UNDER THE EQUAL ACCESS TO JUSTICE ACT
The parties’ Stipulation for Allowance of Fees Under the
Equal Access to Justice Act [Doc. #22] is hereby SO ORDERED,
such that attorney’s fees are awarded in the amount of $5,250.00
under the Equal Access to Justice Act (“EAJA”), 28 U.S.C. §2412,
in full and final satisfaction (upon payment) of any and all
claims under the EAJA.
The parties stipulate and agree that, if, subsequent to the
entry of the EAJA order, the Commissioner determines that
plaintiff owes no debt to the government that would subject this
award of attorney’s fees to offset, the Commissioner may honor
plaintiff’s March 30, 2015, signed assignment of EAJA fees and
pay EAJA fees directly to plaintiff’s counsel.
Judgment in this case entered on August 18, 2015. The Court

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notes that the application for fees, filed October 27, 2015, is
timely because it was filed within 30 days of the expiration of
the period within which an appeal of the judgment in this case
could have been filed. See Melkonyan v. Sullivan, 501 U.S. 89,
102 (1991) (“In sentence four cases, the filing period begins
after the final judgment (‘affirming, modifying, or reversing’)
is entered by the court and the appeal period has run, so that
the judgment is no longer appealable.”).
This is not a Recommended Ruling. The parties consented to
the entry of a final order and judgment by a Magistrate Judge on
October 16, 2015. [Doc. #18].
SO ORDERED at New Haven this 28th day of October 2015.

___________________________
SARAH A. L. MERRIAM
UNITED STATES MAGISTRATE JUDGE

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