Arguello v. Astrue

Full title: ALEX ARGUELLO, Plaintiff, v. MICHAEL J. ASTRUE, Commissioner, Social…

Court: United States District Court, D. Colorado

Date published: Mar 2, 2009

Civil Action No. 07-cv-02395-REB (D. Colo. Mar. 2, 2009)

Opinion

Civil Action No. 07-cv-02395-REB.

March 2, 2009

ORDER

ROBERT BLACKBURN, District Judge

The matter before me is the Stipulated Motion For Award of Attorney Fees Pursuant To The Equal Access To Justice Act, 28 U.S.C. § 2412 [#18] filed March 2, 2009. After reviewing the motion and the file, I have concluded that the motion should be granted and that attorney fees should be awarded to the plaintiff.

THEREFORE, IT IS ORDERED as follows:

1. That the Stipulated Motion For Award of Attorney Fees Pursuant To The Equal Access To Justice Act, 28 U.S.C. § 2412 [#18] filed March 2, 2009, is GRANTED;

2. That defendant shall pay the amount of $5,350.00 to plaintiff for attorney fees pursuant to the EAJA;

3. That payment of the stipulated $5,350.00 shall constitute a complete release from and bar to any claims plaintiff may have relating to EAJA costs and fees in this action; and

4. 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.