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)

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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 1 Submitted by: s/ Feliz M. Martone Feliz M. Martone Attorney for Plaintiff Approved by: Email approval 11/28/17 Meghan Berglind Attorney for Defendant 2

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