Thompson v. Social Security Administration
Filing
29
ORDER by Magistrate Judge Stephan M. Vidmar GRANTING 27 Plaintiff's Motion for Attorney Fees under EAJA (am)
IN THE UNITED STATES DISTRICT COURT
FOR THE DISTRICT OF NEW MEXICO
LISA THOMPSON,
Plaintiff,
v.
No. 16-cv-1222 SMV
NANCY A. BERRYHILL,1
Acting Commissioner of Social Security Administration,
Defendant
ORDER GRANTING PLAINTIFF’S MOTION
FOR ATTORNEY FEES UNDER EAJA
THIS MATTER is before the Court on Plaintiff's Motion for Attorney Fees and Costs
under the Equal Access to Justice Act, with Memorandum in Support [Doc. 27], filed on
February 15, 2018. Plaintiff requests attorney fees in the amount of $5,469.32.2 Defendant does
not oppose the award. [Doc. 28]. The Court, having considered the submissions of counsel, the
record in this case, and the relevant law, and being otherwise fully advised in the premises,
FINDS that the motion is well-taken and will be GRANTED.
IT IS THEREFORE ORDERED, ADJUDGED, AND DECREED that Plaintiff's
Motion for Attorney Fees and Costs under the Equal Access to Justice Act [Doc. 27] is
GRANTED, and Plaintiff Lisa Thompson is authorized to receive $5,469.32 for payment to her
1
Nancy A. Berryhill is now the Acting Commissioner of Social Security. Pursuant to Rule 25(d) of the Federal
Rules of Civil Procedure, Nancy A. Berryhill should be substituted for Acting Commissioner Carolyn W. Colvin as
the defendant in this suit. No further action needs to be taken to continue this suit by reason of the last sentence of
section 205(g) of the Social Security Act, 42 U.S.C. § 405(g).
2
Although the title of the motion references a request for costs, Plaintiff identifies no costs in the body of her
motion. Additionally, Plaintiff proceeded in forma pauperis in this action, [Doc. 4], and therefore, did not incur the
cost of any filing fee.
attorney for services before this Court, as permitted by the Equal Access to Justice Act, 28
U.S.C. § 2412, and in accordance with Manning v. Astrue, 510 F.3d 1246, 1255 (10th Cir. 2007).
IT IS FURTHER ORDERED that if Plaintiff’s counsel is ultimately granted attorney
fees pursuant to 42 U.S.C. § 406(b) of the Social Security Act, counsel shall refund the smaller
award to Plaintiff pursuant to Gisbrecht v. Barnhart, 535 U.S. 789, 796 (2002) (“Congress
harmonized fees payable by the Government under EAJA with fees payable under § 406(b) out
of the claimant’s past-due Social Security benefits in this manner: Fee awards may be made
under both prescriptions, but the claimant’s attorney must refun[d] to the claimant the amount of
the smaller fee.”) (internal quotation marks omitted).
IT IS SO ORDERED.
______________________________
STEPHAN M. VIDMAR
United States Magistrate Judge
Presiding by Consent
2
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