Zambrano v. Social Security Administration

Filing 25

ORDER by Magistrate Judge Kevin R. Sweazea granting 24 Motion for EAJA Attorney Fees (cbf)

IN THE UNITED STATES DISTRICT COURT
FOR THE DISTRICT OF NEW MEXICO

MICHAEL ZAMBRANO,
Plaintiff,
v.

No. 1:17-CV-00672-KRS

NANCY BERRYHILL
Defendant.

STIPULATED ORDER GRANTING MOTION
FOR ATTORNEYS FEES AND COSTS
THIS MATTER comes before the Court on the Stipulation of Award of Attorney Fees
under the Equal Access to Justice Act (Doc. 24) in which the parties agree to awarding Plaintiff
EAJA fees in the amount of $5,820.40.
IT IS, THEREFORE, ORDERED that Plaintiff be awarded $5,820.40 in attorney fees
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) (EAJA fees are paid to the prevailing party, not the attorney). 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. The parties further agree that the
EAJA award is without prejudice to Plaintiff’s attorney’s right to seek attorney fees pursuant to
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 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).

_____________________________________
KEVIN R. SWEAZEA
UNITED STATES MAGISTRATE JUDGE