Opinion
No. CV 09-1015 CG.
February 7, 2011
ORDER GRANTING EAJA FEES
THIS MATTER is before the Court on Plaintiff's Motion and Memorandum for Award of Attorney's Fees Pursuant to the Equal Access to Justice Act 28 U.S.C. § 2412 (`Motion') (Doc. 25) and its accompanying attorney Affidavits (Doc. 25-1), filed on January 19, 2011. Defendant filed his response on February 4, 2011, and he does not oppose the Motion. (Doc. 26 at 1-2).
IT IS THEREFORE ORDERED that Plaintiff's Motion and Memorandum for Award of Attorney's Fees Pursuant to the Equal Access to Justice Act 28 U.S.C. § 2412 (Doc. 25) is GRANTED and that Plaintiff Joe Ray Pena is authorized to receive $6,834.51 in fees for payment to his attorney for services before this Court.
See Manning v. Astrue, 510 F.3d 1246, 1251 (10th Cir. 2007) (requiring EAJA fees to be paid to the claimant).
In the future, if Mr. Pena's counsel is also awarded attorney fees pursuant to 42 U.S.C. § 406(b), he shall refund the smaller award to Mr. Pena pursuant to Gisbrecht v. Barnhart. 535 U.S. 789, 796 (2002) ("Fee awards may be made under both [EAJA and § 406(b)], but the claimant's attorney must refund to the claimant the amount of the smaller fee." (internal quotation marks and alteration omitted)).