Opinion
Civil Action No. 09-cv-02079-REB
11-07-2011
JAN E. MASSE, formerly known as Jan E. Sallinger, Plaintiff, v. MICHAEL ASTRUE, Commissioner of Social Security, Defendant.
Judge Robert E. Blackburn
ORDER FOR ATTORNEY FEES UNDER 42 U.S.C. § 406(b)
Blackburn, J.
The matter is before me on the plaintiff's Unopposed Motion For Attorney's Fees Under 42 U.S.C. § 406(b) Pursuant To Fed. R. Civ. P. 60(b)(6) [#23] filed November 7, 2011. After reviewing the motion and the file, I conclude that the motion should be granted.
"[#23]" is an example of the convention I use to identify the docket number assigned to a specific paper by the court's electronic case filing and management system (CM/ECF). I use this convention throughout this order.
THEREFORE, IT IS ORDERED as follows:
1. That plaintiff's Unopposed Motion For Attorney's Fees Under 42 U.S.C. § 406(b) Pursuant To Fed. R. Civ. P. 60(b)(6) [#23] filed November 7, 2011, is GRANTED;
2. That defendant shall pay to Ann J. Atkinson, attorney for the plaintiff, the sum of $12,468.00 from funds being withheld from the retroactive Social Security disability benefits awarded to the plaintiff as a result of the remand order issued by the court; and
3. That on payment of the fees above, the attorney for the plaintiff shall refund to the plaintiff the sum of $3,500.00, representing the awards previously made by this court for attorney fees pursuant to the Equal Access to Justice Act, 28 U.S.C. § 2412(d).
Dated November 7, 2011, at Denver, Colorado.
BY THE COURT:
Robert E. Blackburn
United States District Judge