Martinez v. Social Security Administration
ORDER by Chief Magistrate Judge Karen B. Molzen granting 24 Unopposed Motion for EAJA Attorney Fees. (KBM)
IN THE UNITED STATES DISTRICT COURT
FOR THE DISTRICT OF NEW MEXICO
RENEE R. MARTINEZ,
NANCY A. BERRYHILL,
Acting Commissioner of Social Security,
ORDER AWARDING ATTORNEY FEES UNDER THE EQUAL
ACCESS TO JUSTICE ACT
THIS MATTER coming before the Court on Plaintiff’s Unopposed Motion for Attorney
Fees Under the Equal Access to Justice Act (Doc. 24), Defendant having no objection to
Plaintiff’s Motion, and the Court being fully advised in the premises, finds that the Motion is
well taken and should be granted.
IT IS THEREFORE ORDERED that Plaintiff is awarded attorney fees in the amount
of $5,568.00 pursuant to 28 U.S.C. § 2412(d). The award shall be made payable to Plaintiff as
prevailing party in accordance with Astrue v. Ratliff, 560 U.S. 586, 591-93 (2010).
IT IS FURTHER ORDERED that, if the Court also awards attorney fees under 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).
KAREN B. MOLZEN
UNITED STATES CHIEF MAGISTRATE JUDGE
SUBMITTED AND APPROVED BY:
Electronically Submitted 3-7-17________
Attorney for Plaintiff
E-mail Approval Received 3-7-17_______
Special Assistant U.S. Attorney
Attorney for Defendant
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