Garcia v. Social Security Administration

IN THE UNITED STATES DISTRICT COURT
FOR THE EASTERN DISTRICT OF OKLAHOMA
JASMEN M. GARCIA, 	)
)
Plaintiff, 	)
v. 	) 	Case No. CIV-25-368-GLJ
)
FRANK J. BISIGNANO, 	)
Commissioner of the Social 	)
Security Administration, 	)
)
Defendant. 	)
OPINION AND ORDER
Claimant, Jasmen M. Garcia, was the prevailing party in this action under the Social
Security Act. Claimant seeks reimbursement of an award of attorney’s fees in the amount
of $7,482.00 and costs in the amount of $405.00, pursuant to the Equal Access to Justice
Act, 28 U.S.C. § 2412(d) [Docket Nos. 15 & 16]. The Commissioner does not oppose an
award of attorney fees or costs in the amount requested [Docket No. 16].
Upon review of the record herein, the Court finds that the agreed amount is
reasonable, and that the Commissioner should be ordered to pay it to Claimant as the
prevailing party herein. See 28 U.S.C. § 2412(d)(1)(A) (“Except as otherwise specifically
provided by statute, a court shall award to a prevailing party other than the United States
fees and other expenses, in addition to any costs awarded pursuant to subsection (a),
incurred by that party in any civil action (other than cases sounding in tort)[.]”); see also
Manning v. Astrue, 510 F.3d 1246, 1251 (10th Cir. 2007) (“The EAJA therefore permits
6:25-cv-00368-GLJ Document 17 Filed in ED/OK on 04/03/26 Page 1 of 2

2
attorney’s fees reimbursement to financially eligible prevailing parties, who make a proper
application, and not to their attorneys.”).
Accordingly, IT IS ORDERED that Plaintiff’s Combined Unopposed Motion and
Brief for Attorney’s Fees Pursuant to the Equal Access to Justice Act [Docket No. 16] is
hereby GRANTED. The Government is hereby ordered to pay the aforementioned fee
award and costs to Claimant as the prevailing party herein. IT IS FURTHER ORDERED
that if Claimant’s attorney is subsequently awarded any fees pursuant to 42 U.S.C. §
406(b)(1), said attorney shall refund the smaller amount of such fees to the Claimant
pursuant to Weakley v. Bowen, 803 F.2d 575, 580 (10th Cir. 1986).
DATED this 3rd day of April 2026.
GERALD L. JACKSON
UNITED STATES MAGISTRATE JUDGE
6:25-cv-00368-GLJ Document 17 Filed in ED/OK on 04/03/26 Page 2 of 2