Springer v. Social Security Administration

Filing 29

ORDER by Magistrate Judge Gregory J. Fouratt GRANTING 27 Motion for Attorney Fees. (jlr)

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UNITED STATES DISTRICT COURT DISTRICT OF NEW MEXICO KELLY SPRINGER, Plaintiff, v. Civ. No. 15-1119 GJF CAROLYN W. COLVIN, Acting Commissioner of the Social Security Administration, Defendant. ORDER AWARDING ATTORNEY FEES THIS MATTER is before the Court upon Plaintiff’s “Motion for Attorney Fees Pursuant to the Equal Access to Justice Act, with Memorandum in Support” (“Motion”) [ECF No. 27]. Having reviewed the record, noting the concurrence of the parties, and being otherwise fully advised, the Court finds the Motion to be well-taken and will GRANT it. IT IS THEREFORE ORDERED that Plaintiff is awarded fees under the Equal Access to Justice Act (“EAJA”) in the amount of $5,181.00 for a total of 27 hours of work performed in 2015 and 2016. IT IS FURTHERMORE ORDERED that if Plaintiff’s counsel receives an award of attorney’s fees under to 42 U.S.C. § 406(b), he shall refund the smaller amount to Plaintiff pursuant to Weakley v. Bowen, 803 F.2d 575, 580 (10th Cir. 1986). IT IS SO ORDERED. ________________________________________ THE HONORABLE GREGORY J. FOURATT UNITED STATES MAGISTRATE JUDGE

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