Vigil v. Social Security Administration

Filing 21

ORDER by Magistrate Judge Kevin R. Sweazea granting 20 Unopposed Motion for Attorney Fees Pursuant to the Equal Access to Justice Act. (efw)

IN THE UNITED STATES DISTRICT COURT
FOR THE DISTRICT OF NEW MEXICO
AMANDA M. V.,
Plaintiff,
vs.

Civ. No. 1:24-cv-00089-KRS

MARTIN O’MALLEY,
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. 20), 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 $6,695.40 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).
IT IS SO ORDERED.

HONORABLE KEVIN R. SWEAZEA
UNITED STATES MAGISTRATE JUDGE