Escovedo v. Social Security Administration

Opinion

UNITED STATES DISTRICT COURT FOR THE DISTRICT OF NEW MEXICO

LORIE ESCOVEDO, Plaintiff, CIV. No. 21CV1211 KG/GJF vs. KILOLO KIJAKAZI, Acting Commissioner, Social Security Administration, Defendant. ORDER AWARDING ATTORNEY FEES PURSUANT TO THE EQUAL ACCESS TO JUSTICE ACT THIS MATTER coming before the Court upon Plaintiff's Unopposed Motion for Attorney Fees and Costs under the Equal Access to Justice Act (Doc. 34), Defendant having no objection to Plaintiff's Motion, and the Court being fully advised in the premises, finds that the Motion is well taken and should be granted. IT IS ORDERED that Plaintiff is awarded attorney fees in the amount of $7,000.00 pursuant to 28 U.S.C. § 2412(d) and mailing expenses of $24.48. The award shall be made payable to Plaintiff as prevailing party in accordance with Astrue v. Ratliff; 130 S. Ct. 2521 (2010) and Manning v. Astrue, 510 F.3d 1246, 1254 (10th Cir.2007). IT IS FURTHER ORDERED that, if the Court also awards attorney fees under 42 U.S.C. § 406(b) of the Social Security Act, Plaintiffs 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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SUBMITTED AND APPROVED BY:

Email approval on 09-08-2022 M. MICHELLE AUCOIN Attorney for Plaintiff Email approval on 09/08/2022 LAURA HOLLAND Special Assistant U.S. Attorney Attorney for Defendant