Calderon v. Social Security Administration

Filing 24

STIPULATED ORDER by Magistrate Judge Stephan M. Vidmar GRANTING 23 Plaintiff's Unopposed Motion for Attorney Fees Under EAJA (am)

IN THE UNITED STATES DISTRICT COURT
FOR THE DISTRICT OF NEW MEXICO
CRYSTAL CALDERON,
Plaintiff,
v.

CIV. NO. 1:18-cv-00230-SMV

NANCY BERRYHILL
Defendant
STIPULATED ORDER GRANTING MOTION FOR ATTORNEYS FEES AND COSTS
THIS MATTER is before the Court on the Stipulation of Award of Attorney Fees
under the Equal Access to Justice Act, (Doc. 23), filed 10/11/2018, in which the parties
stipulate to awarding Plaintiff EAJA fees in the amount of $5,300.
IT IS THEREFORE ORDERED that Plaintiff be awarded $5,300 in attorney fees
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) (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).

_______________________________________
Hon. Stephan M. Vidmar

Approved as to form:

________________________________
Benjamin E. Decker
/s/ 10/09/2018
___________________________________
Thomas Kraus