Chavez v. Social Security Administration

Filing 26

ORDER granting in part 24 Motion for Attorney Fees by Magistrate Judge Carmen E. Garza. (atc)

IN THE UNITED STATES DISTRICT COURT
FOR THE DISTRICT OF NEW MEXICO
ISIDRO ROBERTO CHAVEZ,
Plaintiff,
v.

No. CV 16-1189 CG

NANCY A. BERRYHILL,
Acting Commissioner of the Social
Security Administration,
Defendant.
ORDER AWARDING ATTORNEY FEES PURSUANT TO
THE EQUAL ACCESS TO JUSTICE ACT, 28 U.S.C. § 2412(d)
THIS MATTER is before the Court on Plaintiff’s Opposed Motion for Attorney
Fees Pursuant to the Equal Access to Justice Act, With Memorandum in Support, (Doc.
24), filed January 22, 2018, in which Plaintiff requests an award of attorney fees in the
amount of $6,073.46. On February 2, 2018, the Commissioner filed a Stipulation for
Award of Attorney Fees Pursuant to the Equal Access to Justice Act, 28 U.S.C. § 2412,
(Doc. 25), stating that the parties have agreed to an award of $5,450.00 in attorney
fees. Having considered the motion, the stipulation, and the relevant law, the Court finds
that Plaintiff’s motion should be GRANTED in part.
IT IS THEREFORE ORDERED that Plaintiff’s Opposed Motion for Attorney Fees
Pursuant to the Equal Access to Justice Act, With Memorandum in Support, (Doc. 24),
be GRANTED in part, and that attorney fees in the amount of $5,450.00 be awarded to
Plaintiff 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) (providing 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), Section 206(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).
IT IS SO ORDERED.

THE HONORABLE CARMEN E. GARZA
UNITED STATES MAGISTRATE JUDGE

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