Gallegos v. Social Security Administration

Opinion

UNITED STATES DISTRICT COURT DISTRICT OF NEW MEXICO VINCENT T. GALLEGOS, Plaintiff, Vv. Civ. No. 19-604 GJF ANDREW SAUL, Commissioner of the Social Security Administration, Defendant. ORDER GRANTING ATTORNEY FEES UNDER 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]” [ECF 28], HEREBY ORDERS that attorney fees are awarded under the EAJA (28 U.S.C. § 2412), payable to Plaintiff but mailed to his attorney in the amount of $4,949.50. See Astrue v. Ratliff, 560 U.S. 586 (2010) (EAJA 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, Plaintiffs counsel shall refund the smaller award to Plaintiff pursuant to Weakley v. Bowen, 803 F.2d 575,580 (10th Cir. 1986). SO ORDERED.

wh /] a = STWMa 3 HE HON@RABLE GREGORY J. FOURATT UNITED STATES MAGISTRATE JUDGE Presiding by' Consent