Bilton v. Social Security Administration

Filing 49

ORDER granting 43 Second Motion for Order Authorizing Attorney Fees Pursuant to 42 U.S.C. § 406(b) by Magistrate Judge Gregory J. Fouratt. (mm)

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UNITED STATES DISTRICT COURT DISTRICT OF NEW MEXICO RICHARD LEROY BILTON, Plaintiff, v. Civ. No. 16-109 GJF NANCY A. BERRYHILL, Acting Commissioner of the Social Security Administration, Defendant. ORDER THIS MATTER came before the Court on Plaintiff’s “Second Motion for Order Authorizing Attorney Fees Pursuant to 42 U.S.C. § 406(b)” (“Motion”) [ECF No. 43]. The Court considered the parties’ submissions, examined the applicable law, and entertained extensive oral argument on the motion on November 16, 2018. At the conclusion of the hearing, the Court announced its ruling on the Motion. IT IS THEREFORE ORDERED that Plaintiff’s Motion is GRANTED in full for the reasons stated on the record. IT IS FURTHER ORDERED that, in accordance with Gisbrecht v. Barnhart, 535 F.3d 789, 796 (2002), Michael Armstrong, Esq., shall refund to Plaintiff the fees previously awarded under the Equal Access to Justice Act in this Court’s Order Granting Attorney Fees [ECF No. 40].1 IT IS SO ORDERED. _______________________________________ THE HONORABLE GREGORY J. FOURATT UNITED STATES MAGISTRATE JUDGE Presiding by Consent 1 Mr. Armstrong was awarded $6,500.00 in EAJA fees.

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