Etcitty v. Social Security Administration

Filing 29

STIPULATED ORDER by Magistrate Judge Stephan M. Vidmar GRANTING 28 Stipulated Motion for Award of Attorney Fees Under the Equal Access to Justice Act. (sg)

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IN THE UNITED STATES DISTRICT COURT FOR THE DISTRICT OF NEW MEXICO BARBARA ETCITTY, Plaintiff, vs. Civil No. 15-892 SMV NANCY A. BERRYHILL, Acting Commissioner of the Social Security Administration, Defendant. ORDER FOR THE AWARD OF ATTORNEY FEES AND COSTS PURSUANT TO THE EQUAL ACCESS TO JUSTICE ACT, 28 U.S.C. § 2412(d) THIS MATTER is before the Court on Plaintiff’s Motion for Attorney Fees Pursuant to the Equal Access to Justice Act, with Memorandum in Support [Doc. 26], filed on June 15, 2017. The parties having stipulated to EAJA fees in the amount of $6,500.00 for work performed in 2015 and 2016 [see Doc. 27]. The Court being otherwise fully advised in the premises, FINDS that the motion is well-taken and will be GRANTED IN PART. IT IS THEREFORE ORDERED THAT the motion is GRANTED IN PART, and Plaintiff is awarded $6,500.00 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. June 30, 2017. ____ THE HONORABLE STEPHAN M. VIDMAR UNITED STATES MAGISTRATE JUDGE Submitted By: /s/ Narissa C. Webber__ Narissa C. Webber Special Assistant United States Attorney Social Security Administration Office of the General Counsel 1961 Stout Street, Suite 4169 Denver, CO 80294 Phone: (303) 844-3481 Fax: (303) 844-0770 Email: Email Approval on 6/27/2017 Michael D. Armstrong Attorney for Plaintiff 220 Adams St. SE, Suite B Albuquerque, NM 87108 Bus. (505) 890-9056 Fax. (505) 266-5860

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