Silva v. Social Security Administration

Filing 27

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

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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. (505) 890-9056 Fax. (505) 266-5860 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 (303) 844-0017

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