White v. Social Security Administration
ORDER granting in part 26 Motion for Attorney Fees by Magistrate Judge Carmen E. Garza. (atc)
IN THE UNITED STATES DISTRICT COURT
FOR THE DISTRICT OF NEW MEXICO
No. CV 16-571 CG
NANCY A. BERRYHILL,
Acting Commissioner of the Social Security
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 Plaintiff’s Motion for Attorney Fees
Pursuant to the Equal Access to Justice Act, With Memorandum in Support, (Doc. 26),
filed August 22, 2017, in which Plaintiff requests an order awarding her attorney fees in
the amount of $6,596.54. On September 5, 2017, the Commissioner filed a Joint
Stipulation to Attorney’s Fees Pursuant to the Equal Access to Justice Act, (Doc. 27),
stating that the parties have agreed to the award of $6,150.00 in attorney fees. Having
considered the Motion, the Stipulation, and the relevant law, the Court finds that
Plaintiff’s Motion should be GRANTED in part.
IT IS THEREFORE ORDERED that Plaintiff’s Motion for Attorney Fees Pursuant
to the Equal Access to Justice Act, With Memorandum in Support, (Doc. 26), be
GRANTED in part, and that attorney fees in the amount of $6,150.00 be awarded
under the Equal Access to Justice Act, 28 U.S.C. § 2412(d), and be made payable to
Plaintiff. See Astrue v. Ratliff, 560 U.S. 586 (2010) (EAJA fees are paid to the plaintiff,
not the plaintiff’s attorney).
IT IS FURTHER ORDERED THAT, if Plaintiff’s counsel receives attorney fees
under both 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).
THE HONORABLE CARMEN E. GARZA
UNITED STATE MAGISTRATE JUDGE
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