Sanchez v. Social Security Administration

Filing 26

ORDER by Magistrate Judge Kevin R. Sweazea granting 25 Motion for Attorney Fees. (sls)

IN THE UNITED STATES DISTRICT COURT
FOR THE DISTRICT OF NEW MEXICO
EUTIMIA L. SANCHEZ,
Plaintiff,
vs.

CIV. NO. 1:17-cv-01094-RB-KRS

NANCY A. BERRYHILL,
Acting Commissioner of the
Social Security
Administration,
Defendant.
ORDER
Plaintiff’s Stipulated Motion for Attorney Fees Pursuant to Equal Access to Justice Act
(Doc. 25), filed on February 7, 2019, is GRANTED.
Pursuant to the Equal Access to Justice Act, 28 U.S.C. § 2412(d), Plaintiff’s attorney
requested to be awarded attorney fees in connection with the above captioned claim. The parties
have reached an agreement of twenty-five hours at the rate of $201.00 per hour for total award of
$5,025.00. 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 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).
In accordance with the United States Supreme Court and Tenth Circuit Court of
Appeals, the parties agree that the award of attorney fees must be made payable to Plaintiff
as the prevailing party. See Astrue v. Ratliff, 560 U.S. 586, 595-98 (2010); Manning v. Astrue,
510 F.3d 1246, 1255 (10th Cir. 2007), cert. denied, 129 S. Ct. 486 (2008); Brown v. Astrue,

271 F. App’x 741, 743-44 (10th Cir. 2008) (unpublished). In addition, if Plaintiff’s counsel
ultimately receives an award of attorney fees pursuant to 42 U.S.C. §406(b), she must
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

2