Encinas v. Social Security Administration
ORDER by Magistrate Judge Stephan M. Vidmar GRANTING 30 Plaintiff's Unopposed Motion for Attorney Fees Under EAJA (am)
IN THE UNITED STATES DISTRICT COURT
FOR THE DISTRICT OF NEW MEXICO
BERLINDA S. ENCINIAS,
No. 16-cv-0232 SMV
NANCY A. BERRYHILL,1
Acting Commissioner of the Social Security,
ORDER GRANTING PLAINTIFF’S MOTION
FOR ATTORNEY FEES UNDER EAJA
THIS MATTER is before the Court on Plaintiff’s Unopposed Motion for Award of
Attorney Fees Pursuant to the Equal Access to Justice Act [Doc. 30], filed on April 4, 2017.
Plaintiff requests attorney fees in the amount of $2,976, and her request is unopposed. Id. The
Court, having considered the submissions of counsel, the record in this case, and the relevant law,
and being otherwise fully advised in the premises, FINDS that the motion is well-taken and will be
IT IS THEREFORE ORDERED, ADJUDGED, AND DECREED that Plaintiff’s
Unopposed Motion for Award of Attorney Fees Pursuant to the Equal Access to Justice Act
[Doc. 30] is GRANTED, and Plaintiff Berlinda S. Encinias is authorized to receive $2,976 for
payment to her attorney for services before this Court, as permitted by the Equal Access to Justice
Nancy A. Berryhill is now the Acting Commissioner of Social Security. Pursuant to Rule 25(d) of the Federal
Rules of Civil Procedure, Nancy A. Berryhill should be substituted for Acting Commissioner Carolyn W. Colvin as
the defendant in this suit. No further action needs to be taken to continue this suit by reason of the last sentence of
section 205(g) of the Social Security Act, 42 U.S.C. § 405(g).
Act, 28 U.S.C. § 2412, and in accordance with Manning v. Astrue, 510 F.3d 1246, 1255 (10th Cir.
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, counsel shall refund the smaller
award to Plaintiff pursuant to Gisbrecht v. Barnhart, 535 U.S. 789, 796 (2002) (“Congress
harmonized fees payable by the Government under EAJA with fees payable under § 406(b) out of
the claimant’s past-due Social Security benefits in this manner: Fee awards may be made under
both prescriptions, but the claimant’s attorney must refun[d] to the claimant the amount of the
smaller fee.”) (internal quotation marks omitted).
IT IS SO ORDERED.
STEPHAN M. VIDMAR
United States Magistrate Judge
Presiding by Consent
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