Martinez v. Social Security Administration

Filing 25

ORDER by Chief Magistrate Judge Karen B. Molzen granting 24 Unopposed Motion for EAJA Attorney Fees. (KBM)

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IN THE UNITED STATES DISTRICT COURT FOR THE DISTRICT OF NEW MEXICO RENEE R. MARTINEZ, Plaintiff, vs. No. 1:16-cv-00561-KBM NANCY A. BERRYHILL, Acting Commissioner of Social Security, Defendant. 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________ MICHAEL LIEBMAN Attorney for Plaintiff E-mail Approval Received 3-7-17_______ NARISSA WEBBER Special Assistant U.S. Attorney Attorney for Defendant 2

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