Reyes v. Social Security Administration
Filing
19
ORDER by Chief District Judge Kenneth J. Gonzales granting 18 Unopposed Motion for Attorney Fees. (tah)
IN THE UNITED STATES DISTRICT COURT
FOR THE DISTRICT OF NEW MEXICO
EMMANUEL A.J. REYES,
Plaintiff,
vs.
Civ. No. 24-00622 KG/GJF
MICHELLE A. KING1,
Acting 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. 18), 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 $4,968.60 in attorney fees. See 28 U.S.C. § 2412(c)(1). 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).
__________________________________________
CHIEF UNITED STATES DISTRICT JUDGE
Commissioner Martin O’Malley’s last day with the Agency was November 29, 2024, and
Carolyn Colvin became Acting Commissioner. Subsequent to the appointment of Ms. Colvin,
Michelle A. King was appointed Acting Commissioner of Social Security on January 20, 2025;
thus, pursuant to Rule 25(d) of the Federal Rules of Civil Procedure, “the officer’s successor is
automatically substituted as a party.”
1
SUBMITTED AND APPROVED BY:
Filed Electronically 1/24/25
Laura J. Johnson
Attorney for Plaintiff
Armstrong Johnson Law, LLC
Electronically Approved 1/24/25
Michelle Verdis
Special Assistant U.S. Attorney
Office of Program Litigation - 6
Office of the General Counsel
Social Security Administration
2
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