Ortega v. Social Security Administration

Filing 33

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

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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. (505) 890-9056 Fax. (505) 266-5860 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 (303) 844-7182 richard.pruett@ssa.gov

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