Howard v. Social Security Administration

Filing 26

ORDER by Magistrate Judge Kevin R. Sweazea granting 25 Motion for Attorney Fees. (sls)

IN THE UNITED STATES DISTRICT COURT
FOR THE DISTRICT OF NEW MEXICO

KRISTIN A. HOWARD,
Plaintiff,
vs.

No. 1:17-cv-00135-KRS

NANCY A. BERRYHILL,
Acting Commissioner of the Social Security Administration,
Defendant.
ORDER AWARDING ATTORNEY FEES PURSUANT TO THE EQUAL ACCESS TO
JUSTICE ACT
THIS MATTER coming before the Court upon Plaintiff’s Motion for Attorney Fees
Under the Equal Access to Justice Act (Doc. No. 25), Defendant having no objection to
Plaintiff’s Motion, and the Court being fully advised in the premises, finds that the Motion is
well taken and should be granted.
IT IS ORDERED that Plaintiff is awarded attorney fees in the amount of $4,115.70
pursuant to 28 U.S.C. § 2412(d). The award shall be made payable to Plaintiff as prevailing
party in accordance with Astrue v. Ratliff, 130 S. Ct. 2521 (2010) and Manning v. Astrue, 510
F.3d 1246, 1254 (10th Cir.2007). IT IS FURTHER ORDERED that, if the Court also awards
attorney fees under 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).

_______________________________________________
KEVIN R. SWEAZEA
UNITED STATES MAGISTRATE JUDGE