Sanchez v. Social Security Administration

Filing 23

ORDER granting 22 Stipulated Motion for Award of 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 BONIFACIO SANCHEZ, Plaintiff, v. No. CV 17-543 CG NANCY A. BERRYHILL, Deputy Commissioner for Operations, 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 the parties’ Stipulated Motion for Award of Attorney Fees Under the Equal Access to Justice Act, (Doc. 22), filed June 28, 2018, in which the parties stipulate to an award of $5,000.00 in attorney fees and $400.00 in costs. IT IS THEREFORE ORDERED that Plaintiff be awarded $5,000.00 in attorney fees and $400.00 in costs 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. THE HONORABLE CARMEN E. GARZA CHIEF UNITED STATES CHIEF MAGISTRATE JUDGE

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