Chavez v. Social Security Administration

Opinion

IN THE UNITED STATES DISTRICT COURT FOR THE DISTRICT OF NEW MEXICO LAURIE CHAVEZ, Plaintiff, V. CIV. NO. 1:18-cv-01136-SMV ANDREW SAUL, COMMISSIONER OF SOCIAL SECURITY Defendant. ORDER GRANTING UNOPPOSED MOTION FOR ATTORNEYS FEES AND COSTS THIS MATTER is before the Court on the Stipulation of Award of Attorney Fees under the Equal Access to Justice Act, (Doc. 31), filed 02/21/2020, in which the parties stipulate to awarding Plaintiff EAJA fees in the amount of $6032.40. IT IS THEREFORE ORDERED that Plaintiff be awarded $6032.40 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) (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).

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Approved:

____________________________ Benjamin Eilers Decker Attorney For Laurie Chavez

____________________________ Brian.baak@ssa.gov