Benson v. Social Security Administration

Opinion

IN THE UNITED STATES DISTRICT COURT FOR THE DISTRICT OF NEW MEXICO KRISTINA L. BENSON, Plaintiff, vs. Civ. No. 19-00457 SMV ANDREW SAUL, Commissioner of the Social Security Administration, Defendant. ORDER GRANTING UNOPPOSED MOTION FOR ATTORNEY FEES PURSUANT TO THE EQUAL ACCESS TO JUSTICE ACT The Court, having reviewed the parties’ Unopposed Motion for Attorney Fees Pursuant to the Equal Access to Justice Act (““EAJA”), 28 U.S.C. § 2412 (Doc. 29), HEREBY ORDERS that attorney fees be, and hereby are, awarded under the EAJA, payable to Plaintiff but mailed to Plaintiffs attorney in the amount of $7500.00 in attorney fees. See Astrue v. Ratliff, 560 U.S. 586 (2010) CEAJA fees are paid to the prevailing party, not the attorney). IT IS FURTHER ORDERED THAT, if Plaintiffs counsel receives attorney fees under both the EAJA and 42 U.S.C. § 406(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).

UNITED STATES MAGISTRATE STEPHAN M. VIDMAR

SUBMITTED AND APPROVED BY: Filed Electronically 9/21/20 Laura J. Johnson Attorney for Plaintiff Michael Armstrong Law Office, LLC

Electronically Approved 9/21/20 Marc Thayne Warner Assistant Regional Counsel Office of the General Counsel Social Security Administration, Region VIII