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)

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: [phone]
Fax: [phone]
Email: [e-mail]

Email Approval on 6/27/2017
Michael D. Armstrong
Attorney for Plaintiff
220 Adams St. SE, Suite B
Albuquerque, NM 87108
Bus. [phone]
Fax. [phone]