Hodge v. Social Security Administration
ORDER by Magistrate Judge Kevin R. Sweazea re 29 Stipulation of Award of Attorneys Fees and Granting Attorneys Fees (cbf)
IN THE UNITED STATES DISTRICT COURT
FOR THE DISTRICT OF NEW MEXICO
NATASHA NICOLE HODGE,
NANCY A. BERRYHILL,
Acting Commissioner of
ORDER FOR THE AWARD OF ATTORNEY FEES
PURSUANT TO THE EQUAL ACCESS TO JUSTICE ACT
THIS MATTER comes before the Court upon the parties’ Stipulation of Award of
Attorney Fees Under the Equal Access to Justice Act (“EAJA”) [Doc. No. 29], filed September
18, 2017. The Court, being fully advised in the premises, FINDS that the motion is well-taken
and should be GRANTED.
IT IS, THEREFORE, ORDERED that the motion is GRANTED, and Plaintiff is
awarded $6,500.00 in attorney fees pursuant to the Equal Access to Justice Act, 28 U.S.C. §
See Astrue v. Ratliff, 560 U.S. 586, 591-93 (2010) (EAJA fees are paid to the
prevailing party, not the attorney).
Payment of this amount shall constitute a complete release from and bar to any and all
claims Plaintiff may have relating to EAJA fees in connection with this action. The parties
further agree that the EAJA award is without prejudice to Plaintiff’s attorney’s right to seek
attorney fees pursuant to 42 U.S.C. § 406(b), subject to the offset provisions of the EAJA. See
28 U.S.C. § 2412(c)(1) (2006).
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).
KEVIN R. SWEAZEA
UNITED STATES MAGISTRATE JUDGE
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