Frazer v. Social Security Administration

Opinion

IN THE UNITED STATES DISTRICT COURT FOR THE DISTRICT OF NEW MEXICO TANYA ANN FRAZER, Plaintiff, vs: CIV. NO. 1:23-cv-00473-KG-JHR MARTIN O’MALLEY, Commissioner of Social Security, Defendant. ORDER Upon consideration of the Stipulated Motion for Award of Attorney Fees Under the Equal Access to Justice Act (EAJA), 28 U.S.C. § 2412, the Court finds the Motion (Dkt. No. 32) should be GRANTED. IT IS THEREFORE ORDERED that Plaintiff is awarded attorney fees in the amount of $6,240.00 under the Equal Access to Justice Act, 28 U.S.C. § 2412, made payable to Plaintiff as the prevailing party herein and Plaintiff is also entitled to costs in the amount of $402.00, which is to be paid from the Department of Justice’s Judgment Fund, 28 U.S.C. § 2412, not agency funds. IT IS FURTHER ORDERED THAT, if Plaintiffs counsel is subsequently awarded any fees pursuant to 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).

UNITED STATES DISTRICT GE SUBMITTED AND APPROVED BY: Electronically submitted October 1, 2024 VICTORIA V. JOHNSON Special Assistant United States Attorney Electronically approved October 1, 2024 BENJAMIN EILERS DECKER Attorney for Plaintiff