Coots v Social Security Administration

Filing 23

ORDER granting 22 Unopposed Motion for Attorney Fees Under EAJA by Chief Magistrate Judge Carmen E. Garza. (atc)

IN THE UNITED STATES DISTRICT COURT
FOR THE DISTRICT OF NEW MEXICO
JEREMY DANIEL COOTS,
Plaintiff,
v.

No. CV 17-1253 CG

NANCY A. BERRYHILL,
Acting Commissioner of the
Social Security Administration,
Defendant.
ORDER AWARDING ATTORNEY FEES PURSUANT TO
THE EQUAL ACCESS TO JUSTICE ACT, 28 U.S.C. § 2412(d)
THIS MATTER is before the Court on Plaintiff’s Unopposed Motion for Attorney
Fees and Costs Pursuant to the Equal Access to Justice Act (EAJA), (Doc. 22), filed
October 22, 2018, in which the parties agree to an award of $2,890.00 in attorney fees
and $400.00 in costs.
IT IS THEREFORE ORDERED that Plaintiff be awarded $2,890.00 in attorney
fees and $400.00 in costs 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) (providing 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), 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).
IT IS SO ORDERED.

THE HONORABLE CARMEN E. GARZA
CHIEF UNITED STATES MAGISTRATE JUDGE