Lynch v. Astrue

Full title: JOEY M. LYNCH, Plaintiff, v. MICHAEL J. ASTRUE, Commissioner, Social…

Court: United States District Court, D. Colorado

Date published: Aug 31, 2009

Civil Action No. 08-cv-00844-REB (D. Colo. Aug. 31, 2009)

Opinion

Civil Action No. 08-cv-00844-REB.

August 31, 2009

ORDER GRANTING STIPULATED MOTION FOR AWARD OF ATTORNEY FEES PURSUANT TO THE EQUAL ACCESS TO JUSTICE ACT 28 U.S.C. § 2412

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 [#22] filed August 28, 2009. After reviewing the motion and the file, I conclude that the motion should be granted and that defendant should be ordered to pay the amount of $5,550.00 to plaintiff for attorney fees pursuant to the EAJA.

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 [#22] filed August 28, 2009, is GRANTED;

2. That the defendant shall pay the amount of $5,550.00 to the plaintiff for attorney fees pursuant to the EAJA;

3. That the payment of the $5,550.00 shall constitute a complete release from and bar to any claims plaintiff may have relating to EAJA costs and fees in connection with this action;

4. That this award is without prejudice to the right of counsel for the plaintiff 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; and

5. That Plaintiff-Appellant's Application For an Award of Reasonable Attorney Fees Under The Equal Access To Justice Act [#21] filed August 21, 2009, is DENIED as moot.