Bennett v. Social Security Administration

Opinion

UNITED STATES DISTRICT COURT DISTRICT OF NEW MEXICO ALBUQUERQUE DIVISION DEREK A. BENNETT, ) ) Plaintiff, ) ) vs. ) Civ. Act. No.: 1:21-cv-00939-SMV KILOLO KIJAKAZI, ) Acting Commissioner of Social Security, ) ) Defendant. ) ORDER Comes now Plaintiff, by counsel, having filed the Motion for an award of attorney fees to be paid by the defendant pursuant to the Equal Access to Justice Act, 28 U.S.C. § 2412(d) (at Dkt. 27); AND Defendant, by counsel, having noted her lack of objection to Plaintiff’s motion (at Dkt. 28); AND THE COURT, having been duly advised in the premises and having examined said Motion, now finds that the same should be granted. IT IS, THEREFORE, ORDERED, ADJUDGED AND DECREED by the Court that Plaintiff be Awarded $2,460.15 in attorney fees under the Equal Access to Justice Act (EAJA), 28 U.S.C.. 2412(d), and $402.00 in filing fee costs payable from the Judgment Fund administered by the U.S. Department of the Treasury. This award of attorney fees will satisfy all claims under EAJA. If Plaintiff’s Counsel ultimately receives an award of attorney fees pursuant to 42 U.S.C. 42 U.S.C. §406(b), he must refund the smaller award to Plaintiff pursuant to Weakley v. Bowen, 803 F.2d 575, 580 (10th Cir. 1986). ALL OF WHICH IS ORDERED, ADJUDGED AND DECREED by the Court this _3lst_ day of August, 2022. □ A KJ JUDGE

This order was stipulated to and agreed upon by Counsel for Plaintiff and Defendant via e-mail exchange electronically signed on 08/31/2022:

/s/ Matthew F. Richter Matthew F. Richter, #34167-49 Attorney for Plaintiff Keller & Keller 2850 N. Meridian St. Indianapolis, IN 46208 /s/ Laura H. Holland Laura H. Holland Special Assistant United States Attorney Attorney for Defendant Office of the General Counsel Social Security Administration 1961 Stout St., Ste. 4169 Denver, CO 80294-4003

Distribution to all registered counsel of record via CM/ECF.