Martinez v. Social Security Administration

Filing 33

ORDER by Magistrate Judge Kevin R. Sweazea granting 31 Motion for Attorney Fees. (sls)

IN THE UNITED STATES DISTRICT COURT
FOR THE DISTRICT OF NEW MEXICO
MICHAEL MARTINEZ,
Plaintiff,
v.

No. 1:17-cv-01133-KRS

NANCY A. BERRYHILL,
Acting Commissioner of the
Social Security Administration,
Defendant.

ORDER FOR THE AWARD OF ATTORNEY FEES
PURSUANT TO THE EQUAL ACCESS TO JUSTICE ACT
THIS MATTER comes before the Court upon Plaintiff’s Unopposed Motion for EAJA
Fees and Costs (Doc. 31), filed July 24, 2018. The Court, being fully advised in the premises,
FINDS that the motion is well-taken and should be GRANTED.
IT IS, THEREFORE, ORDERED that the motion is GRANTED, and Plaintiff is
awarded $ 5,496.30 in attorney fees pursuant to the Equal Access to Justice Act (“EAJA”), 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) 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