Baca v. Social Security Administration
Filing
31
ORDER by Magistrate Judge Kevin R. Sweazea dismissing as moot 28 Motion for Attorney Fees; granting 29 Motion for Attorney Fees. (sls)
IN THE UNITED STATES DISTRICT COURT
FOR THE DISTRICT OF NEW MEXICO
JAMAL BACA,
Plaintiff,
v.
No. 2:16-cv-00228-KRS
NANCY A. BERRYHILL,
Acting Commissioner of the
Social Security Administration,
Defendant.
ORDER FOR THE AWARD OF ATTORNEY FEES
PURSUANT TO THE EQUAL ACCESS TO JUSTICE ACT
THIS MATTER comes before the Court upon the Parties’ Stipulation to Award of
Attorney Fees Under the Equal Access to Justice Act (Doc. 29) (hereinafter “Motion”), filed July
25, 2017. The Court, being fully advised in the premises, FINDS that the motion is well-taken
and should be GRANTED.
IT IS, THEREFORE, ORDERED that the motion is GRANTED and Plaintiff is
awarded $ 5,000.00 in attorney fees pursuant to the Equal Access to Justice Act (“EAJA”), 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).
Payment of this amount shall constitute a complete release from and bar to any and all
claims Plaintiff may have relating to EAJA fees in connection with this action. The parties
further agree that the EAJA award is without prejudice to Plaintiff’s attorney’s right to seek
attorney fees pursuant to 42 U.S.C. § 406(b), subject to the offset provisions of the EAJA. See
28 U.S.C. § 2412(c)(1) (2006).
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 FURTHER ORDERED that Plaintiff’s Motion for Attorney Fees Pursuant to the
Equal Access to Justice Act (Doc. 28), filed July 10, 2017, is hereby DISMISSED as MOOT.
KEVIN R. SWEAZEA
UNITED STATES MAGISTRATE JUDGE
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