Edgell v. Social Security Administration
Filing
27
STIPULATED ORDER by Magistrate Judge Stephan M. Vidmar GRANTING 26 Plaintiff's Unopposed Motion for Attorney Fees under EAJA (am)
IN THE UNITED STATES DISTRICT COURT
FOR THE DISTRICT OF NEW MEXICO
CHANO EDGELL,
Plaintiff,
vs.
No. 17-CV-1192-SMV
NANCY A. BERRYHILL,
Acting Commissioner of Social Security Administration,
Defendant.
AGREED ORDER GRANTING MOTION FOR ATTORNEY FEES AND COSTS
UNDER EQUAL ACCESS TO JUSTICE ACT (EAJA)
THIS MATTER having come before the Court upon Plaintiff’s Unopposed Motion for
Attorney Fees Under Equal Access to Justice Act (Doc. #26) the Court FINDS that the MOTION
should be GRANTED.
IT IS THEREFORE ORDERED that attorney fees be, and hereby are, awarded under the
Equal Access to Justice Act, 28 U.S.C. § 2412(d), payable to Plaintiff in care of her attorney in
the amount of $4578.80. See Astrue v. Ratliff, 560 U.S. 586, 598 (2010) (EAJA fees are paid to
the prevailing party, not the attorney).
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).
DATED this _24th_ day of September 2018.
_______________________________
The Honorable Stephan M. Vidmar
United States Magistrate Judge
Submitted by:
s/ Feliz M. Martone
Feliz M. Martone
Attorney for Plaintiff
Approved by:
Email approval on 9/24/18
Laura Holland
Attorney for Defendant
2
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