Maes v. Social Security Administration

Filing 22

ORDER GRANTING 21 Plaintiff's Unopposed Motion for Attorney Fees Under EAJA by Magistrate Judge Gregory J. Fouratt. (sr)

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UNITED STATES DISTRICT COURT DISTRICT OF NEW MEXICO STEVEN MAES, Plaintiff, v. Civ. No. 17‐429 GJF NANCY A. BERRYHILL, Acting Commissioner of the Social Security Administration, Defendant. ORDER GRANTING ATTORNEY FEES This matter is before the Court on Plaintiff’s “Unopposed Motion for Attorney Fees Under the Equal Access to Justice Act” (“Motion”) [ECF No. 21]. Having considered the record, relevant law, and the stipulations of the parties, IT IS HEREBY ORDERED: 1. Defendant will pay Plaintiff a total of $4,194.40 in fees and $400.00 in costs pursuant to the Equal Access to Justice Act (“EAJA”), 28 U.S.C. § 2412 et seq. This amount is payable to Plaintiff, not directly to his counsel. See Astrue v. Ratliff, 560 U.S. 586, 591-93 (2010). Plaintiff’s payment will be remitted to the office of his attorney, Michael Liebman. 2. Defendant’s payment of this amount bars any and all claims Plaintiff may have relating to EAJA fees and expenses in connection with this action. 3. Defendant’s payment of this amount is without prejudice to Plaintiff’s counsels’ right to seek attorney fees under section 406(b) of the Social Security Act, 42 U.S.C. § 406(b), subject to the offset provisions of the EAJA. 4. 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). 1 IT IS SO ORDERED. _______________________________________ THE HONORABLE GREGORY J. FOURATT UNITED STATES MAGISTRATE JUDGE 2

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