Silva v. Social Security Administration

Filing 27

ORDER by Chief Magistrate Judge Karen B. Molzen granting 26 Unopposed Motion for EAJA Attorney Fees. (KBM)

IN THE UNITED STATES DISTRICT COURT
FOR THE DISTRICT OF NEW MEXICO
PRECIOUS SILVA,
Plaintiff,
vs.

CIV 16-0956 KBM

NANCY A. BERRYHILL,
ACTING COMMISSIONER OF SOCIAL SECURITY,
Defendant.

ORDER FOR THE AWARD OF ATTORNEY FEES PURSUANT
TO THE EQUAL ACCESS TO JUSTICE ACT, 28 U.S.C. § 2412(D)

THIS MATTER is before the Court on the Stipulated Motion for Attorney Fees Pursuant
to the Equal Access to Justice Act filed on December 6, 2017. [Doc. 26]. The parties have
stipulated to EAJA fees in the amount of $7,500.00 for work performed in 2016 and 2017. The
Court being otherwise fully advised in the premises, finds that the motion is well-taken and will
be granted.
Wherefore,
IT IS HEREBY ORDERED that the motion is granted, and Plaintiff is awarded
$7,500.00 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) 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).

Dated: December 6, 2017.

THE HONORABLE KAREN B. MOLZEN
UNITED STATES CHIEF MAGISTRATE JUDGE

Submitted By:
/s/Michael D. Armstrong
Michael D. Armstrong
Attorney for Plaintiff
220 Adams St. SE, Suite B,
Albuquerque, NM 87108
Bus. [phone] Fax. [phone]
Approval On 12/6/17
Thomas H. Kraus
Office of the General Counsel
Social Security Administration
1961 Stout Street, Suite 4169 Denver, Colorado 80294-4003
[phone]
[e-mail]