Martinez v. Social Security Administration

Filing 26

ORDER GRANTING 24 Unopposed Motion for Equal Access to Justice Award of Attorney's Fees and Costs by Magistrate Judge Gregory J. Fouratt. (sr)

UNITED STATES DISTRICT COURT
DISTRICT OF NEW MEXICO
GARY MARTINEZ,
Plaintiff,
v.

Civ. No. 17-115 GJF

NANCY BERRYHILL, Acting
Commissioner of the Social Security
Administration,
Defendant.
ORDER GRANTING ATTORNEY FEES
THIS MATTER is before the Court on the Plaintiff’s “Unopposed Motion for Equal
Access to Justice Award of Attorney’s Fees and Costs” (“Motion”) filed on September 14, 2017
[ECF No. 24]. The parties have stipulated to Equal Access to Justice Act (“EAJA”) fees in the
amount of $6,720.00. The parties have also stipulated that the EAJA fees be awarded directly to
Plaintiff’s counsel, Helen Laura Lopez. The Court, having reviewed the Motion, the record, and
noting the concurrence of the parties, finds the Motion to be well taken and will hereby GRANT
it.
IT IS THEREFORE ORDERED that Plaintiff’s counsel, Helen Laura Lopez, is
awarded $6,720.00 in attorney fees pursuant to the Equal Access to Justice Act, 28 U.S.C. §
2412(d). Ms. Lopez is also awarded $413.61 in costs, pursuant to 28 U.S.C. § 1920, which shall
be paid from the Judgment Fund.
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

1

attorney fees pursuant to 42 U.S.C. § 406(b), subject to the offset provisions of the EAJA. See
28 U.S.C. § 2412(c)(1) (2012).
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).
IT IS SO ORDERED.

_______________________________________
THE HONORABLE GREGORY J. FOURATT
UNITED STATES MAGISTRATE JUDGE

2