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)
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
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