Rooks v. Social Security Administration
ORDER granting 24 Motion for Attorney Fees Under EAJA by Chief Magistrate Judge Carmen E. Garza. (atc)
IN THE UNITED STATES DISTRICT COURT
FOR THE DISTRICT OF NEW MEXICO
DAVID L. ROOKS,
No. CV 17-929 CG
NANCY A. BERRYHILL,
Acting Commissioner of the Social
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’ Stipulation Regarding Award of
Attorney Fees Under the Equal Access to Justice Act, (Doc. 24), filed October 25, 2018,
in which the parties state they have agreed to an award of $6,500.00 in attorney fees.
IT IS THEREFORE ORDERED that Plaintiff be awarded $6,500.00 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
CHIEF UNITED STATES MAGISTRATE JUDGE
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