Chavez v. Social Security Administration

Filing 30

STIPULATED ORDER by Magistrate Judge Stephan M. Vidmar GRANTING 28 Plaintiff's Unopposed Motion for Attorney Fees under EAJA (am)

IN THE UNITED STATES DISTRICT COURT
FOR THE DISTRICT OF NEW MEXICO
NICOLE LOUISE CHAVEZ,
Plaintiff,
vs.

No. CV 16-560 SMV

NANCY A. BERRYHILL,
Acting Commissioner of Social Security,
Defendant.

ORDER AWARDING ATTORNEY FEES PURSUANT TO
THE EQUAL ACCESS TO JUSTICE ACT, 28 U.S.C. § 2412(d)
THIS MATTER is before the Court on the Stipulation of Award of Attorney Fees under
the Equal Access to Justice Act, (Doc. # 28), filed December 20, 2017, in which the parties
stipulate to awarding Plaintiff EAJA fees in the amount of $7,000.00.
IT IS THEREFORE ORDERED that Plaintiff be awarded $7,000.00 in attorney
fees pursuant to the Equal Access to Justice Act, 28 U.S.C. § 2412(d). See Astrue v. Ratliff, 560
U.S. 586, 591–93 (2010) (EAJA fees are paid to the prevailing party, not the attorney).
IT IS FURTHER ORDERED that if Plaintiff’s counsel receives attorney fees under both
the EAJA and 42 U.S.C. § 406(b), Section 206(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).

_______________________________________
UNITED STATES MAGISTRATE JUDGE
Presiding by Consent

Submitted by:
s/Francesca J. MacDowell
Francesca J. MacDowell
Attorney for Plaintiff

Approved by email on 12/20/17 by
Thomas H. Kraus, Special AUSA
Attorney for Commissioner

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