Baca v. Social Security Administration

Filing 20

ORDER granting 19 Unopposed Motion for Attorney Fees by Chief Magistrate Judge Carmen E. Garza. (atc)

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IN THE UNITED STATES DISTRICT COURT FOR THE DISTRICT OF NEW MEXICO CARINA BACA, Plaintiff, v. No. CV 17-449 CG NANCY A. BERRYHILL, Acting Commissioner of the Social Security Administration, 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 Plaintiff’s Stipulated Motion for Attorney Fees Pursuant to the Equal Access to Justice Act, (Doc. 19), filed March 5, 2018, in which the parties stipulate to an award of $4,762.80 in attorney fees and that Plaintiff receive $400.00 in costs from the Judgment fund administered by the U.S. Department of the Treasury. IT IS THEREFORE ORDERED that Plaintiff be awarded $4,762.80 in attorney fees pursuant to the Equal Access to Justice Act, 28 U.S.C. § 2412(d), and that Plaintiff be reimbursed costs of $400.00 from the Judgment Fund administered by the U.S. Department of the Treasury. 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. THE HONORABLE CARMEN E. GARZA UNITED STATES CHIEF MAGISTRATE JUDGE 2

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