Springer v. Social Security Administration

Filing 29

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

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