Ribera v. Social Security Administration
Filing
21
ORDER granting 20 Unopposed Motion for Attorney Fees by Magistrate Judge Carmen E. Garza. (atc)
IN THE UNITED STATES DISTRICT COURT
FOR THE DISTRICT OF NEW MEXICO
CLARISSA NICOLE RIBERA,
Plaintiff,
v.
No. CV 17-32 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 Tilda Garcia’s Unopposed Motion
for Attorney Fees Pursuant to the Equal Access to Justice Act, (Doc. 20), filed
December 22, 2017, in which the parties stipulate to an award of attorney fees in the
amount of $5,146.96 and that Plaintiff receive $400 from the Judgment fund
administered by the U.S. Department of the Treasury.
IT IS THEREFORE ORDERED that Plaintiff be awarded $5,146.96.00 in attorney
fees pursuant to the Equal Access to Justice Act, 28 U.S.C. § 2412(d) and that Plaintiff
be reimbursed costs of $400.00 from the Judgment Fund administered by the U.S.
Department of the Treasury. 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).
THE HONORABLE CARMEN E. GARZA
UNITED STATES MAGISTRATE JUDGE
2
Disclaimer: Justia Dockets & Filings provides public litigation records from the federal appellate and district courts. These filings and docket sheets should not be considered findings of fact or liability, nor do they necessarily reflect the view of Justia.
Why Is My Information Online?