Duarte v. Social Security Administration

Filing 24

STIPULATED ORDER by Magistrate Judge Stephan M. Vidmar GRANTING 23 Plaintiff's Unopposed Motion for Attorney Fees under EAJA (am)

IN THE UNITED STATES DISTRICT COURT
FOR THE DISTRICT OF NEW MEXICO
EDDY H. DUARTE,
Plaintiff,
v.

No. 17-cv-0055 SMV

NANCY A BERRYHILL,
Acting Commissioner of the Social Security Administration,
Defendant.
AGREED ORDER GRANTING MOTION FOR ATTORNEY FEES UNDER EQUAL
ACCESS TO JUSTICE ACT (EAJA)
THIS MATTER having come before the Court upon Plaintiff’s Unopposed Motion for
Attorney Fees Under Equal Access to Justice Act (Doc. # 23) the Court FINDS that the
MOTION should be GRANTED.
IT IS THEREFORE ORDERED that attorney fees be, and hereby are, awarded under the
Equal Access to Justice Act, 28 U.S.C. § 2412(d), payable to Plaintiff but mailed to his attorney
in the amount of $3,145.80. See Astrue v. Ratliff, 130 U.S. 2521 (2010) (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) 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).
DATED this _30th_ day of _November,_ 2017.
_______________________________
The Honorable Stephan M. Vidmar
United States Magistrate Judge
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Submitted by:

s/ Feliz M. Martone
Feliz M. Martone
Attorney for Plaintiff

Approved by:
Email approval 11/28/17
Meghan Berglind
Attorney for Defendant

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