Campbell-Graves v. Social Security Administration

Filing 28

STIPULATED ORDER by Magistrate Judge William P. Lynch granting 26 Motion for Attorney Fees. (mej)

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IN THE UNITED STATES DISTRICT COURT FOR THE DISTRICT OF NEW MEXICO PHILLIP CAMPBELL-GRAVES, Plaintiff, vs. CIV. NO. 16-980-WPL NANCY A. BERRYHILL, Acting Commissioner of Social Security, Defendant. ORDER The Stipulation of Award of Attorney Fees Under the Equal Access to Justice Act, filed August 23, 2017 (Doc. 27), is GRANTED. In consideration thereof, if is ORDERED that Defendant pay to Plaintiff reasonable attorney fees in the amount of $6,500.00. Payment shall be to the Plaintiff, but mailed to Plaintiff’s counsel. In addition, if Plaintiff’s counsel ultimately receives an award of attorney fees pursuant to 42 U.S.C. § 406(b), he must refund the smaller award to Plaintiff pursuant to Weakley v. Bowen, 803 F.2d 575, 580 (10th Cir. 1986). ______________________________ William P. Lynch United States Magistrate Judge Submitted by: THOMAS H. KRAUS Special Assistant United States Attorney Office of the General Counsel Social Security Administration 1961 Stout Street, Suite 4169 Denver, CO 80294-4003 (303) 844-0017 tom.kraus@ssa.gov Electronically approved on 8/23/2017 MICHAEL D. ARMSTRONG Attorney for Plaintiff 220 Adams Street, SE, Suite B Albuquerque, NM 87108 Bus. (505) 890-9056 Fax (505) 266-5860 michaelarm@michaelarmstronglaw.com

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