Garcia De Mendoza v. Social Security Administration

Filing 27

STIPULATED ORDER by Magistrate Judge Stephan M. Vidmar GRANTING 26 Plaintiff's Unopposed Motion for Attorney Fees Under EAJA. (nlb)

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IN THE UNITED STATES DISTRICT COURT FOR THE DISTRICT OF NEW MEXICO MARIA DEL ROSARIO GARCIA DE MENDOZA, Plaintiff, CIV. NO. 1:20-00882-SMV vs. KILOLO KIJAKAZI, Acting Commissioner of Social Security, Defendant. ORDER Upon consideration of the Stipulated Motion for Award of Attorney Fees Under the Equal Access to Justice Act (EAJA), 28 U.S.C. § 2412, the Court finds the Motion (Dkt. No. 26) should be GRANTED. IT IS THEREFORE ORDERED that Plaintiff is awarded attorney fees in the amount of $5,279.60 under the Equal Access to Justice Act, 28 U.S.C. § 2412, made payable to Plaintiff as the prevailing party herein and Plaintiff is also entitled to costs in the amount of $400.00, which is to be paid from the Department of Justice’s Judgment Fund, 28 U.S.C. § 2412, not agency funds. IT IS FURTHER ORDERED THAT, if Plaintiff’s counsel is subsequently awarded any fees pursuant to 42 U.S.C. §406(b), she must refund the smaller award to Plaintiff pursuant to Weakley v. Bowen, 803 F.2d 575, 580 (10th Cir. 1986). SIGNED November 19, 2021 ___________________________________ STEPHAN M. VIDMAR UNITED STATES MAGISTRATE JUDGE SUBMITTED AND APPROVED BY: Electronically submitted November 19, 2021 VICTORIA V. JOHNSON Special Assistant United States Attorney Electronically approved November 19, 2021 LAURA JOELLEN JOHNSON Attorney for Plaintiff 2

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