Cordova v. Astrue

Full title: DAVID A. CORDOVA, Plaintiff, v. MICHAEL J. ASTRUE, Commissioner of Social…

Court: United States District Court, D. New Mexico

Date published: Jul 25, 2011

No. CV 10-1165 CG (D.N.M. Jul. 25, 2011)

Opinion

No. CV 10-1165 CG.

July 25, 2011

ORDER GRANTING EAJA FEES

CARMEN GARZA, Magistrate Judge

THIS MATTER is before the Court on Plaintiff's Application for Attorney Fees Under the Equal Access to Justice Act (Doc. 22) and its accompanying attorney affidavit (Doc. 22-1). Defendant filed his response and does not oppose the Motion. (Doc. 26 at 1-2).

IT IS THEREFORE ORDERED that Plaintiff's Application for Attorney Fees Under the Equal Access to Justice Act (Doc. 22) is GRANTED and that Plaintiff David A. Cordova¹ is authorized to receive $3,343.10 in fees for payment to his attorney for services before this Court.²

1 See Manning v. Astrue, 510 F.3d 1246, 1251 (10th Cir. 2007) (requiring EAJA fees to be paid to the claimant).

2 In the future, if Mr. Cordova's counsel is also awarded attorney fees pursuant to 42 U.S.C. § 406(b), he shall refund the smaller award to Mr. Cordova 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)).