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)

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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

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