Martinez v. Social Security Administration

Filing 33

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

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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 2

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