Barone v. Social Security Administration

Opinion

IN THE UNITED STATES DISTRICT COURT FOR THE DISTRICT OF NEW MEXICO

TRACY BARONE,

Plaintiff,

v. Case No. 1:21-cv-00068-SMV

KILOLO KIJAKAZI, Acting Commissioner of the Social Security Administration,

Defendant.

STIPULATED ORDER GRANTING PLAINTIFF’S UNOPPOSED MOTION FOR ATTORNEY FEES AND COSTS PURSUANT TO THE EQUAL ACCESS TO JUSTICE ACT

THIS MATTER is before the Court on Plaintiff’s unopposed Motion for Attorneys Fees and Costs Pursuant to the Equal Access to Justice Act filed on 05/13/2022 (Doc. 32) in which the parties stipulate to awarding Plaintiff attorney’s fees and costs under the Equal Access to Justice Act in the amount of $7,000.00 and $0.00, respectively. IT IS THEREFORE ORDERED that Plaintiff be awarded $7,000.00 in attorney fees and $0.00 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) (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 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). tap STEPHAN M. VIDMAR UNITED STATES MAGISTRATE JUDGE

RESPECTFULLY SUBMITTED BY:

/s/ Benjamin Eilers Decker Decker Law Office, LLC P.O. Box 92740 Albuquerque, NM 87199 P (505) 369-6272 F (505) 859-7713 ben@deckerlawoffice.com Attorneys for Plaintiff Tracy Barone

APPROVED BY: /s/ by email 05/13/2022 Brian Baak Special Assistant United States Attorney Social Security Administration Office of the General Counsel, Region VIII 1961 Stout Street, Suite 4169 Denver, CO 80294-4003 United States P (303) 844-7356 F (303) 844-0770 brian.baak@ssa.gov Attorneys for Defendant