Chavez v. Social Security Administration

Filing 24

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

Case 1:20-cv-00058-SMV Document 24 Filed 04/01/21 Page 1 of 2

IN THE UNITED STATES DISTRICT COURT
FOR THE DISTRICT OF NEW MEXICO
DENNIS P. CHAVEZ,
Plaintiff,
vs.

Civ. No.

20-00058 SMV

ANDREW SAUL,
Commissioner of the Social Security
Administration,
Defendant.
ORDER GRANTING UNOPPOSED MOTION FOR ATTORNEY FEES
PURSUANT TO THE EQUAL ACCESS TO JUSTICE ACT
The Court, having reviewed the parties’ Unopposed Motion for Attorney Fees Pursuant to
the Equal Access to Justice Act (“EAJA”), 28 U.S.C. § 2412 (Doc. 23), HEREBY ORDERS that
attorney fees be, and hereby are, awarded under the EAJA, payable to Plaintiff but mailed to
Plaintiff’s attorney in the amount of $6,590.30 in attorney fees. 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).

_________________________________________________
UNITED STATES MAGISTRATE JUDGE
STEPHAN M. VIDMAR

Case 1:20-cv-00058-SMV Document 24 Filed 04/01/21 Page 2 of 2

SUBMITTED AND APPROVED BY:
Filed Electronically 3/31/21
Laura J. Johnson
Attorney for Plaintiff
Michael Armstrong Law Office, LLC
Electronically Approved 3/31/21
Laura Holland
Assistant Regional Counsel
Office of the General Counsel
Social Security Administration, Region VIII

2