Ortega v. Social Security Administration

Filing 33

ORDER by Magistrate Judge William P. Lynch granting 32 Motion for Attorney Fees. (mej)

IN THE UNITED STATES DISTRICT COURT
FOR THE DISTRICT OF NEW MEXICO
CYNTHIA ORTEGA,
Plaintiff,
vs.

Civil No.

15-688 WPL

NANCY A. BERRYHILL, Acting
Commissioner of the Social Security
Administration,

Defendant.

ORDER FOR THE AWARD OF ATTORNEY FEES
PURSUANT TO THE EQUAL ACCESS TO JUSTICE ACT, 28 U.S.C. § 2412(d)
THIS MATTER is before the Court on Stipulated Motion for Attorney Fees Pursuant to
the Equal Access to Justice Act filed on February 27, 2017. [Doc. 32]. The parties having
stipulated to EAJA fees in the amount of $3,873.00 for work performed in 2015 and 2016. 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 $3,873.00 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). IT IS SO ORDERED.

THE HONORABLE WILLIAM P. LYNCH
UNITED STATES MAGISTRATE JUDGE

Submitted By:
/s/Michael D. Armstrong
Michael D. Armstrong
Attorney for Plaintiff
220 Adams St. SE, Suite B,
Albuquerque, NM 87108
Bus. [phone] Fax. [phone]
Email Approval on 2/28/17
Richard W. Pruett
Office of the General Counsel
Social Security Administration
1961 Stout Street, Suite 4169
Denver, Colorado 80294-4003
[phone]
[e-mail]