Martinez v. Social Security Administration

Filing 33

ORDER by Magistrate Judge Lourdes A. Martinez GRANTING 32 Unopposed Motion for Attorney Fees. (atc)

IN THE UNITED STATES DISTRICT COURT
FOR THE DISTRICT OF NEW MEXICO

RIXEY M. MARTINEZ,

Plaintiff,
v.

No. CIV-15-0645 LAM

NANCY A. BERRYHILL, Acting Commissioner
of the Social Security Administration,
Defendant.
ORDER GRANTING UNOPPOSED MOTION FOR ATTORNEY FEES
UNDER THE EQUAL ACCESS TO JUSTICE ACT
THIS MATTER is before the Court on Plaintiff’s Unopposed Motion for Attorney Fees
Pursuant to the Equal Access to Justice Act (Doc. 32), filed on March 3, 2017, wherein Plaintiff
asks for an award of $5,088.84 in attorney fees. Having considered the motion, the record in this
case, and relevant law, the Court FINDS that the motion shall be GRANTED.
IT IS THEREFORE ORDERED that Plaintiff’s Unopposed Motion for Attorney Fees
Pursuant to the Equal Access to Justice Act (Doc. 32) is GRANTED, and Plaintiff is
authorized to receive $5,088.84 in attorney fees for payment to Plaintiff’s attorney for services
before this Court, as permitted by the Equal Access to Justice Act, 28 U.S.C. § 2412, and in
accordance with Manning v. Astrue, 510 F.3d 1246, 1255 (10th Cir. 2007).
IT IS FURTHER ORDERED that, if Plaintiff’s counsel is ultimately granted attorney
fees pursuant to 42 U.S.C. § 406(b) of the Social Security Act, Plaintiff’s attorney shall refund
the smaller award to Plaintiff pursuant to Astrue v. Ratliff, 560 U.S. 586, 596 n.4 (2010)
(explaining that, if a claimant’s counsel is ultimately granted attorney fees under § 406(b) out of

the claimant’s benefit award, the claimant’s attorney must refund to the claimant the amount of
the smaller fee).
IT IS SO ORDERED.

___________________________________
LOURDES A. MARTÍNEZ
UNITED STATES MAGISTRATE JUDGE
Presiding by Consent

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