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)
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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