Baiett v. Social Security Administration

Filing 28

ORDER GRANTING attorney fees and costs re: 27 Amended Stipulation for Award of Attorney Fees Under EAJA by Magistrate Judge Gregory J. Fouratt. (sr)

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UNITED STATES DISTRICT COURT DISTRICT OF NEW MEXICO DOUGLAS ANDREW BAIETT, Plaintiff, v. Civ. No. 16-467 GJF NANCY A. BERRYHILL, Acting Commissioner of the Social Security Administration, Defendant. 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: 1. 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 Jarvis. 2. 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. 3. 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). 1 IT IS SO ORDERED. _______________________________________ THE HONORABLE GREGORY J. FOURATT UNITED STATES MAGISTRATE JUDGE 2

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