Dailey v. Social Security Administration

Filing 29

ORDER by Magistrate Judge Kevin R. Sweazea granting 28 Motion for Attorney Fees. (sls)

IN THE UNITED STATES DISTRICT COURT
FOR THE DISTRICT OF NEW MEXICO
MICHAEL DAILEY,
Plaintiff,
vs.

CIV. NO. 17-cv-542-KRS

NANCY A. BERRYHILL,
Acting Commissioner of
Social Security,
Defendant.
ORDER
The parties’ Stipulated Motion for Fees Under the Equal Access to Justice Act (“EAJA”)
is GRANTED.
Defendant shall pay Plaintiff $5,000.00 in attorney fees. 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. However, the EAJA award is without prejudice to
Plaintiff’s attorney’s right to seek attorney fees pursuant to Social Security Act § 206(b), 42
U.S.C. § 406(b), subject to the offset provisions of the EAJA. See 28 U.S.C. § 2412(c)(1)
(2006).
It is further ordered that the EAJA fees will be paid to Plaintiff but delivered to Plaintiff’s
attorney.

KEVIN R. SWEAZEA
United States Magistrate Judge