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)

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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

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