Salazar v. Social Security Administration
Filing
28
ORDER GRANTING ATTORNEY FEES by Magistrate Judge Gregory J. Fouratt. (kdj)
UNITED STATES DISTRICT COURT
DISTRICT OF NEW MEXICO
ALICE D. SALAZAR,
Plaintiff,
v.
Civ. No. 16-1134 GJF
NANCY A. BERRYHILL,
Acting Commissioner of the
Social Security Administration,
Defendant.
ORDER GRANTING ATTORNEY FEES
This matter is before the Court on the parties’ “Joint Stipulation to Attorney’s Fees”
(“Stipulation”). ECF No. 27. Having considered the record, relevant law, and the stipulations of
the parties, IT IS HEREBY ORDERED:
1.
Defendant will pay Plaintiff a total of $7,500.00 in fees pursuant to the Equal
Access to Justice Act (“EAJA”), 28 U.S.C. § 2412 et seq. This amount is payable to Plaintiff,
not directly to his counsel. See Astrue v. Ratliff, 560 U.S. 586, 591-93 (2010). Plaintiff’s
payment will be remitted to the office of her attorney, Francesca J. McDowell.
2.
Defendant’s payment of this amount is without prejudice to Plaintiff’s counsel’s
right to seek attorney fees under section 406(b) of the Social Security Act, 42 U.S.C. § 406(b),
subject to the offset provisions of the EAJA.
3.
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).
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IT IS SO ORDERED.
_______________________________________
THE HONORABLE GREGORY J. FOURATT
UNITED STATES MAGISTRATE JUDGE
Presiding by Consent
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