Varela v. Social Security Administration

Filing 30

STIPULATED ORDER by Magistrate Judge Stephan M. Vidmar AWARDING attorney's fees under the Equal Access to Justice Act. (sg)

IN THE UNITED STATES DISTRICT COURT
FOR THE DISTRICT OF NEW MEXICO
ROSS EUGENIO VARELA,
Plaintiff,
vs.

No. CV 17-0317 SMV

NANCY A. BERRYHILL,
Acting Commissioner of Social Security,
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 the Stipulated Motion for Award of Attorney Fees
under the Equal Access to Justice Act, (Doc. 29), filed June 25, 2018, in which the parties
stipulate to awarding Plaintiff EAJA fees in the amount of $5,000.00.
IT IS THEREFORE ORDERED that Plaintiff be awarded $5,000.00 in attorney
fees pursuant to the Equal Access to Justice Act, 28 U.S.C. § 2412(d). 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).
IT IS SO ORDERED.

___________________________________
STEPHAN M. VIDMAR
United States Magistrate Judge
Presiding by Consent

Submitted by:
s/ Francesca J. MacDowell
Francesca J. MacDowell
Attorney for Plaintiff
Approved by email on
June 25, 2018 by:
Kathryn C. Bostwick, Special AUSA
Attorney for Commissioner

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