Aguirre v. Social Security Administration

Opinion

IN THE UNITED STATES DISTRICT COURT FOR THE DISTRICT OF NEW MEXICO MEYALLIA., Plaintiff,

v. Civ. No. 24-483 GBW MARTIN O'MALLEY, Commissioner of the Social Security Administration, Defendant. ORDER GRANTING UNOPPOSED MOTION FOR ATTORNEY FEES PURSUANT TO THE EQUAL ACCESS TO JUSTICE ACT THIS MATTER comes before the Court on Plaintiff’s Unopposed Motion for Attorney Fees Pursuant to the Equal Access to Justice Act with Memorandum in Support. Doc. 15. The parties have stipulated to an award of $5,796.70 in attorney fees and $0.00 in costs pursuant to the Equal Access to Justice Act, 28 U.S.C. § 2412 (“EAJA”). IT IS HEREBY ORDERED that Plaintiff is awarded $5,796.70 in attorney fees and $0.00 in costs under the EAJA. The EAJA fees will be paid to Plaintiff but delivered to Plaintiff's attorney. See Astrue v. Ratliff, 560 U.S. 586, 595-98 (2010); Manning v. Astrue, 510 F.3d 1246, 1255 (10th Cir. 2007); Brown v. Astrue, 271 F. App’x 741, 743-44 (10th Cir. 2008) (unpublished). IT IS FURTHER ORDERED that, if Plaintiff's attorney ultimately receives an award of attorney fees pursuant to 42 U.S.C. § 406(b), said attorney must refund the

smaller award to Plaintiff pursuant to Weakley v. Bowen, 803 F.2d 575, 580 (10th Cir. 1986).

GREGOR WORMUTH CHIEF UNITED STATES MAGISTRATE JUDGE Presiding by Consent