Chee v. Social Security Administration

Filing 29

ORDER granting 28 Unopposed Motion for Attorney Fees by Magistrate Judge Carmen E. Garza. (atc)

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IN THE UNITED STATES DISTRICT COURT FOR THE DISTRICT OF NEW MEXICO NAOMI RUTH CHEE, Plaintiff, v. No. CV 16-1105 CG NANCY A. BERRYHILL, Acting Commissioner of the Social Security Administration, Defendant. ORDER AWARDING ATTORNEY FEES PURSUANT TO THE EQUAL ACCESS TO JUSTICE ACT, 28 U.S.C. § 2412(d) THIS MATTER is before the Court on Plaintiff’s Unopposed Motion for Attorney Fees Pursuant to the Equal Access to Justice Act, (Doc. 28), filed December 6, 2017, in which the parties stipulate to an award of $7,500 in attorney fees. IT IS THEREFORE ORDERED that Plaintiff be awarded $7,500 in attorney fees pursuant to the Equal Access to Justice Act, 28 U.S.C. § 2412(d). See Astrue v. Ratliff, 560 U.S. 586, 591–93 (2010) (providing 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), Section 206(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. THE HONORABLE CARMEN E. GARZA UNITED STATES MAGISTRATE JUDGE

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