Gonzales v. Social Security Administration

Filing 30

ORDER granting 29 Stipulated Motion for Attorney Fees by Chief Magistrate Judge Carmen E. Garza. (atc)

IN THE UNITED STATES DISTRICT COURT
FOR THE DISTRICT OF NEW MEXICO
BERNARDO GONZALES,
Plaintiff,
v.

No. CV 16-1225 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 Motion for Order Approving
Stipulation of Award of Attorney Fees Under the Equal Access to Justice Act, (Doc. 29),
filed February 16, 2018, in which the parties stipulate to an award of $5,000.00 in
attorney fees.
IT IS THEREFORE ORDERED that Plaintiff be awarded $5,000.00 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) (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
CHIEF UNITED STATES MAGISTRATE JUDGE