Garcia v. Social Security Administration

Filing 25

ORDER granting 24 Motion for Attorney Fees Under EAJA by Magistrate Judge Carmen E. Garza. (atc)

IN THE UNITED STATES DISTRICT COURT
FOR THE DISTRICT OF NEW MEXICO
ENRIQUE S. GARCIA,
Plaintiff,
v.

No. CV 17-567 CG

NANCY A. BERRYHILL,
Deputy Commissioner for Operations,
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 the parties’ Joint Stipulation to Attorney’s
Fees Pursuant to the Equal Access to Justice Act, (Doc. 24), filed July 24, 2018, in
which the parties stipulate to an award of $5,500.00 in attorney fees.
IT IS THEREFORE ORDERED that Plaintiff be awarded $5,500.00 in attorney
fees and $400.00 in costs 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
CHIEF UNITED STATES MAGISTRATE JUDGE