Martinez v. Social Security Administration

Filing 28

ORDER by Magistrate Judge Kevin R. Sweazea granting 27 Motion for Attorney Fees. (sls)

IN THE UNITED STATES DISTRICT COURT
FOR THE DISTRICT OF NEW MEXICO
FELIX MARTINEZ,
Plaintiff,
vs.

No. 1:16-cv-01413-WJ-KRS

NANCY A. BERRYHILL, Acting
Commissioner of the Social Security
Administration,

Defendant.

ORDER FOR THE AWARD OF ATTORNEY FEES PURSUANT
TO THE EQUAL ACCESS TO JUSTICE ACT, 28 U.S.C. § 2412(D)

THIS MATTER is before the Court on the Stipulated Motion for Attorney Fees
Pursuant to the Equal Access to Justice Act filed on June 14, 2018. [Doc. 27]. The parties have
stipulated to EAJA fees in the amount of $5,500.00 for work performed in 2016, 2017, and 2018.
The Court being otherwise fully advised in the premises, FINDS that the motion is well-taken
and will be GRANTED.
IT IS THEREFORE ORDERED THAT the motion is GRANTED, and Plaintiff is
awarded $5,500.00 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) (EAJA fees are paid to the
prevailing party, not the attorney).
Payment of this amount shall constitute a complete release from and bar to any and all
claims Plaintiff may have relating to EAJA fees in connection with this action. The parties

further agree that the EAJA award is without prejudice to Plaintiff’s attorney’s right to seek
attorney fees pursuant to Social Security Act § 206(b), 42 U.S.C. § 406(b), subject to the offset
provisions of the EAJA. 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).
IT IS SO ORDERED.

THE HONORABLE KEVIN R. SWEAZEA
UNITED STATES MAGISTRATE JUDGE