Sanchez v. Social Security Administration

Filing 27

ORDER by Magistrate Judge Kevin R. Sweazea granting 26 Motion for Attorney Fees (cbf)

IN THE UNITED STATES DISTRICT COURT
FOR THE DISTRICT OF NEW MEXICO
LINDA GARCIA SANCHEZ,
Plaintiff,
vs.

Civil No.

16-1126 KRS

NANCY A. BERRYHILL, Acting
Commissioner of the Social Security
Administration,
Defendant.

ORDER FOR THE AWARD OF ATTORNEY FEES AND COSTS
PURSUANT TO THE EQUAL ACCESS TO
JUSTICE ACT, 28 U.S.C. § 2412(d)
THIS MATTER is before the Court on Motion for Attorney Fees and Costs Pursuant to
the Equal Access to Justice Act filed on September 25, 2017. [Doc. 29]. Defendant does not
object to Plaintiff’s request for fees and costs. The Court being otherwise fully advised in the
premises, FINDS that the motion is well-taken and will be GRANTED.
IT IS THEREFORE ORDERED that the motion is GRANTED, and Plaintiff is
awarded $7,089.20 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). Plaintiff is also awarded $400.00 in costs, pursuant to 28 U.S.C. §
2412(a)(1), 1 which are paid from the Judgment Fund.
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
1

The Court notes that 28 U.S.C. § 2412 authorizes costs, not 28 U.S.C. § 1920 as Plaintiff suggests. For purposes of
EAJA, Section 1920 serves only to enumerate the types of allowable costs.

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