Leyba v. Social Security Administration

Filing 30

ORDER by Chief Magistrate Judge Carmen E. Garza granting 29 Motion for Attorney Fees. (crc)

Case 1:20-cv-00145-CG Document 30 Filed 01/07/21 Page 1 of 1

IN THE UNITED STATES DISTRICT COURT
FOR THE DISTRICT OF NEW MEXICO
JOHNNY FRANCISCO LEYBA,
Plaintiff,
v.

No. CV 20-145 CG

ANDREW SAUL,
Commissioner of the
Social Security Administration,
Defendant.
ORDER GRANTING UNOPPOSED MOTION TO AWARD ATTORNEY FEES
UNDER THE EQUAL ACCESS TO JUSTICE ACT
THIS MATTER is before the Court on Plaintiff’s Unopposed Motion for EAJA
Fees (the “Unopposed Motion”), (Doc. 29), filed January 6, 2021. The Court, having
reviewed the Unopposed Motion under the Equal Access to Justice Act (“EAJA”), 28
U.S.C. § 2412, finds the Unopposed Motion is well-taken and shall be granted.
IT IS THEREFORE ORDERED that Plaintiff be awarded $4,346.00 in attorney
fees pursuant to EAJA, 28 U.S.C. § 2412, made payable to Plaintiff but mailed to
Plaintiff’s attorney. 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).
IT IS SO ORDERED.

THE HONORABLE CARMEN E. GARZA
CHIEF UNITED STATES MAGISTRATE JUDGE