Opinion
No. CV-11-0711 CG
05-15-2012
TASHA M. ROMERO, Plaintiff, v. MICHAEL J. ASTRUE, Commissioner of Social Security, Defendant.
ORDER GRANTING EAJA FEES
THIS MATTER is before the Court on Plaintiff's Motion for Attorney Fees Pursuant to Equal Access to Justice Act (Doc. 29) and its accompanying attorney affidavit (Doc. 29-1). Defendant filed his response and does not oppose the Motion. (Doc. 30 at 1-2).
IT IS THEREFORE ORDERED that Motion for Attorney Fees Pursuant to Equal Access to Justice Act (Doc. 29) is GRANTED and that Plaintiff Tasha M. Romero is authorized to receive $4,934.35 in fees for payment to her 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 Ms. Romero's counsel is also awarded attorney fees pursuant to 42 U.S.C. § 406(b), she shall refund the smaller award to Ms. Romero 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)).
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THE HONORABLE CARMEN E. GARZA
UNITED STATES MAGISTRATE JUDGE