Garcia v. Social Security Administration

Filing 23

STIPULATED ORDER by Magistrate Judge Stephan M. Vidmar GRANTING 22 Plaintiff's Unopposed Motion for Attorney Fees under EAJA (am)

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IN THE UNITED STATES DISTRICT COURT FOR THE DISTRICT OF NEW MEXICO LORRAINE GARCIA, Plaintiff, vs. Civ. No. 18-00024 SMV NANCY A. BERRYHILL, Acting Commissioner of Social Security, Defendant. ORDER GRANTING STIPULATION TO AWARD OF ATTORNEY FEES UNDER THE EQUAL ACCESS TO JUSTICE ACT The Court, having reviewed the parties’ Stipulation of Award of Attorney Fees Under the Equal Access to Justice Act (EAJA), 28 U.S.C. § 2412 (Doc. 22), HEREBY ORDERS that attorney fees be, and hereby are, awarded under the EAJA, payable to Plaintiff but mailed to her attorney in the amount of $6,737.52. 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 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). HONORABLE STEPHAN M. VIDMAR UNITED STATES MAGISTRATE JUDGE SUBMITTED AND APPROVED BY: Filed Electronically 10/3/18 Michael Armstrong Attorney for Plaintiff Electronically Approved 10/3/18 LAURA H. HOLLAND Special Assistant United States Attorney 2

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