Halford v. Social Security Administration

Filing 28

ORDER granting in part 26 Motion for Attorney Fees by Chief Magistrate Judge Carmen E. Garza. (atc)

IN THE UNITED STATES DISTRICT COURT
FOR THE DISTRICT OF NEW MEXICO
TALIA HALFORD,
Plaintiff,
v.

No. CV 16-1267 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 Attorney Fees and
Costs Pursuant to the Equal Access to Justice Act, With Memorandum in Support, (Doc.
26), filed February 12, 2018, in which Plaintiff requests an award of attorney fees in the
amount of $7,345.96, and costs in the amount of $400.00. On February 26, 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. 27), stating that the parties have agreed
to an award of $6,500.00 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 Motion for Attorney Fees and
Costs Pursuant to the Equal Access to Justice Act, With Memorandum in Support, (Doc.
26), be GRANTED in part, and that Plaintiff be awarded $6,500.00 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

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