Davis v. Social Security Administration

Filing 40

ORDER by Chief Magistrate Judge Karen B. Molzen granting 38 Motion for EAJA Attorney Fees. (KBM)

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IN THE UNITED STATES DISTRICT COURT FOR THE DISTRICT OF NEW MEXICO SARAH DAVIS, PLAINTIFF, VS. CIV 15-0309 JCH-WPL NANCY A. BERRYHILL, ACTING COMMISSIONER OF THE SOCIAL SECURITY ADMINISTRATION, DEFENDANT. ORDER AWARDING ATTORNEY FEES PURSUANT TO THE EQUAL ACCESS TO JUSTICE ACT, 28 U.S.C. § 2412(D) THIS MATTER is before the Court on the Stipulated Motion for Attorney Fees Pursuant to the Equal Access to Justice Act filed on November 27, 2017. [Doc. 37]. The parties have stipulated to EAJA fees in the amount of $6,250.00 for work performed in 2014, 2015, and 2017. The Court being otherwise fully advised in the premises, finds that the motion is well-taken and will be granted. IT IS THEREFORE ORDERED that the motion is granted, and Plaintiff is awarded $6,250.00 in attorney fees pursuant to the Equal Access to Justice Act, 28 U.S.C. § 2412(d). See Astrue v. Ratliff, 560 U.S. 586, 591-93 (2010) (EAJA fees are paid to the prevailing party, not the attorney). Payment of this amount shall constitute a complete release from and bar to any and all claims Plaintiff may have relating to EAJA fees in connection with this action. The parties further agree that the EAJA award is without prejudice to Plaintiff’s attorney’s right to seek attorney fees pursuant to Social Security Act § 206(b), 42 U.S.C. § 406(b), subject to the offset provisions of the EAJA. See 28 U.S.C. § 2412(c)(1) (2006). IT IS FURTHER ORDERED that, if Plaintiff’s counsel receives attorney fees under both the EAJA and 42 U.S.C. § 406(b) of the Social Security Act, Plaintiff’s counsel shall refund the smaller award to Plaintiff pursuant to Weakley v. Bowen, 803 F.2d 575, 580 (10th Cir. 1986). Dated: November 29, 2017 THE HONORABLE KAREN B. MOLZEN UNITED STATES CHIEF MAGISTRATE JUDGE Submitted By: /s/Michael D. Armstrong Michael D. Armstrong Attorney for Plaintiff 220 Adams St. SE, Suite B, Albuquerque, NM 87108 Bus. (505) 890-9056 Fax. (505) 266-5860 Approval On 11/27/17 Brian C. Baak Assistant Regional Counsel Office of the General Counsel Social Security Administration 1961 Stout St., Ste. 4169, Denver, CO 80294 (303) 844-7356 brian.baak@ssa.gov

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