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ROSEMARY M. COMYFORD, Plaintiff, v. MICHAEL J. ASTRUE, Commissioner of the Social Security Administration, Defendant.

ORDER AWARDING ATTORNEY FEES UNDER
THE EQUAL ACCESS TO JUSTICE ACT

THIS MATTER comes before the Court upon the Plaintiff's Application for Attorney Fees Under Equal Access to Justice Act, filed August 19, 2011 (Doc. 24). The Defendant has no objection to the Motion. See Response to Plaintiff's Motion for Attorneys Fees Pursuant to the Equal Access to Justice Act at 1, filed August 31, 2011 (Doc. 26). The Court finds that it shall grant the motion for attorney fees.

IT IS ORDERED that: (i) the Plaintiff's Application for Attorney Fees Under the Equal Access to Justice Act is granted; (ii) attorney fees be, and hereby are, awarded under the Equal Access to Justice Act, 28 U.S.C. § 2412(d) ("EAJA"), payable to Plaintiff Rosemary M. Comyford, in the amount of $7,045.90, see Astrue v. Ratliff, 130 U.S. 2521, 2527 (2010) (holding that EAJA fees are paid to the prevailing party, not the attorney); and (iii) if Comyford's counsel receives attorney fees under both the EAJA and 42 U.S.C. § 406(b) of the Social Security Act, counsel shall refund the smaller award to Comyford pursuant to Weakley v. Bowen, 803 F.2d 575, 580 (10th Cir. 1986).

______________


UNITED STATES DISTRICT JUDGE


Counsel:

Patricia W. Glazek


Sante Fe, New Mexico


Attorney for the Plaintiff

Kenneth J. Gonzales


United States Attorney


Manuel Lucero


Assistant United States Attorney


Albuquerque, New Mexico


-- and --

Dianne M. Pryor


Special Assistant United States Attorney


Office of the General Counsel


Social Security Administration


Dallas, Texas


Attorneys for the Defendant

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Comyford v. Astrue
(Sep 1, 2011)