Chavez v. Social Security Administration

Filing 24

ORDER granting 23 Motion for Attorney Fees Under EAJA by Chief Magistrate Judge Carmen E. Garza. (ag)

IN THE UNITED STATES DISTRICT COURT
FOR THE DISTRICT OF NEW MEXICO
LEO JOE CHAVEZ,
Plaintiff,
v.

No. CV 17-1128 CG

NANCY A. BERRYHILL,
Deputy Commissioner for Operations,
Social Security Administration,
Defendant.
ORDER AWARDING ATTORNEY FEES UNDER EAJA
THIS MATTER is before the Court on Plaintiff’s Stipulated Motion for Attorney
Fees Pursuant to the Equal Access to Justice Act, (Doc. 23), filed October 9, 2018. The
Court, having reviewed the Motion, noting it is unopposed, and being otherwise fully
advised, finds that the Motion is well-taken and should be GRANTED.
IT IS THEREFORE ORDERED that attorney fees be awarded under the Equal
Access to Justice Act, 28 U.S.C. § 2412(d), (“EAJA”), payable to Plaintiff in the amount
of $5,660.18. See Astrue v. Ratliff, 560 U.S. 586 (2010) (EAJA fees are paid to the
prevailing party, not the attorney).
IT IS FURTHER ORDERED THAT, if Plaintiff’s counsel receives attorney fees and
costs 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).

___________________________________
THE HONORABLE CARMEN E. GARZA
CHIEF UNITED STATES MAGISTRATE JUDGE