Trujillo v. Social Security Administration

Filing 26

ORDER GRANTING 25 Stipulation of Award of Attorney Fees under EAJA by Magistrate Judge Gregory J. Fouratt. (sr)

UNITED STATES DISTRICT COURT
DISTRICT OF NEW MEXICO
DENNIS TRUJILLO,
Plaintiff,
v.

Civ. No. 17‐619 GJF

NANCY A. BERRYHILL,
Acting Commissioner of the
Social Security Administration,
Defendant.
ORDER GRANTING ATTORNEY FEES
This matter is before the Court on Defendant’s “Stipulation of Award of Attorney Fees
Under the Equal Access to Justice Act” [ECF No. 25]. Having considered the record, relevant
law, and the stipulations of the parties, IT IS HEREBY ORDERED:
1.

Defendant will pay Plaintiff a total of $5,900.00 in fees 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). Additionally,
Plaintiff is awarded $400.00 in costs to be paid from the Judgment Fund. See 28 U.S.C.
§§ 2412(c)(1), 2444. Plaintiff’s payment will be remitted to the office of his attorney, Benjamin
Decker.
2.

Defendant’s payment of this amount is without prejudice to Plaintiff’s counsel’s

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.
3.

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