Smith v. Social Security Administration

Filing 36

ORDER by Magistrate Judge William P. Lynch granting 35 Stipulation of Award of Attorney Fees filed by Debra Ann Smith. (mej)

IN THE UNITED STATES DISTRICT COURT
FOR THE DISTRICT OF NEW MEXICO
DEBRA ANN SMITH,
Plaintiff,
v.

CV 15-970 JCH/WPL

NANCY A. BERRYHILL, Acting
Commissioner of the Social Security
Administration,
Defendant.
ORDER
This matter is before the Court on the parties’ Stipulation of Award of Attorney Fees
under the Equal Access to Justice Act (Doc. 35). Having reviewed the Stipulation and the
record, I find that an award of fees is appropriate and that the amount of fees requested is
reasonable.
IT IS THEREFORE ORDERED THAT the motion is GRANTED and Plaintiff is
awarded $6,850.00 in attorney fees under the Equal Access to Justice Act, 28 U.S.C. § 2412(d).
See Astrue v. Ratliff, 560 U.S. 586, 591-93 (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).

___________________________________
William P. Lynch
United States Magistrate Judge

Submitted by:
s/ Francesca J. MacDowell
Francesca J. MacDowell
Attorney for Plaintiff
Approved by email on 3/1/17 by:
Meghan Berglind, Special AUSA
Attorney for Commissioner