Haag v. Social Security Administration
ORDER by Magistrate Judge Lourdes A. Martinez GRANTING 26 Unopposed Motion for Attorney Fees. (atc)
IN THE UNITED STATES DISTRICT COURT
FOR THE DISTRICT OF NEW MEXICO
DESIREE DAWN HAAG,
No. CIV-15-0987 LAM
CAROLYN W. COLVIN, Acting Commissioner
of the Social Security Administration,
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 (EAJA) (Doc. 26), filed on January 10, 2017,
wherein Plaintiff states that the parties have agreed to an award of $2,052.00 in attorney fees
pursuant to the Equal Access to Justice Act. 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 (EAJA) (Doc. 26) is GRANTED, and Plaintiff is
authorized to receive $2,052.00 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
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