Carbajal v. Astrue

Filing 32

ORDER granting 31 Unopposed Motion for Attorney Fees by Judge Christine M. Arguello on 7/11/13.(dkals, )

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IN THE UNITED STATES DISTRICT COURT FOR THE DISTRICT OF COLORADO Judge Christine M. Arguello Civil Action No. 11-cv-00515-CMA MARIA VICTORIA CARBAJAL, Plaintiff, v. MICHAEL J. ASTRUE, Commissioner of Social Security, Defendant. ORDER GRANTING ATTORNEY FEES This matter is before the Court on Plaintiff’s Unopposed Motion for Attorney Fees Pursuant to 42 U.S.C. § 406(b) (Doc. # 31). Having reviewed the motion and case file, the Court hereby ORDERS that the Motion for Attorney Fees (Doc. # 31) is GRANTED. Pursuant to 42 U.S.C. § 406(b), Attorney Ann J. Atkinson is awarded attorney’s fees in the amount of $7,930.25, which shall be paid directly to Ann J. Atkinson, Attorney at Law, from the monies being held by the Defendant from the Plaintiff’s past-due benefits under both Titles II and XVI. Upon payment of this fee, Ms. Atkinson shall refund $4,893.99 (i.e., the EAJA fee awarded in this case) to Maria Victoria Carbajal, pursuant to Gisbrecht v. Barnhart, 535 U.S. 789, 152 L.2d.2d 996, 122 S.Ct. 1817 (2002). DATED: July 11 , 2013 BY THE COURT: ________________________________ CHRISTINE M. ARGUELLO United States District Judge

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