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)

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

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