Baiett v. Social Security Administration
ORDER GRANTING attorney fees and costs re: 27 Amended Stipulation for Award of Attorney Fees Under EAJA by Magistrate Judge Gregory J. Fouratt. (sr)
UNITED STATES DISTRICT COURT
DISTRICT OF NEW MEXICO
DOUGLAS ANDREW BAIETT,
Civ. No. 16-467 GJF
NANCY A. BERRYHILL, Acting
Commissioner of the Social Security
ORDER GRANTING ATTORNEY FEES
This matter is before the Court on Defendant’s “Amended Stipulation for Award of
Attorney Fees Under the Equal Access to Justice Act” [ECF No. 27]. Having considered the
record, relevant law, and the stipulations of the parties, IT IS HEREBY ORDERED:
Defendant will pay Plaintiff a total of $5,100.00 in fees pursuant to the Equal
Access to Justice Act (“EAJA”), 28 U.S.C. § 2412 et seq. This amount is payable to Plaintiff,
not directly to his counsel. See Astrue v. Ratliff, 560 U.S. 586, 591-93 (2010). Additionally,
Plaintiff is awarded $450.00 in costs to be paid from the Judgment Fund. See 28 U.S.C.
§§ 2412(c)(1), 2444. Plaintiff’s payment will be remitted to the office of his attorney, Barbara
Defendant’s payment of this amount is without prejudice to Plaintiff’s counsel’s
right to seek attorney fees under section 406(b) of the Social Security Act, 42 U.S.C. § 406(b),
subject to the offset provisions of the EAJA.
If Plaintiff’s counsel receives attorney fees under both the EAJA and 42 U.S.C. §
406(b) of the Social Security Act, Plaintiff’s counsel shall refund the smaller award 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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