Gallegos v. Social Security Administration

Opinion

IN THE UNITED STATES DISTRICT COURT FOR THE DISTRICT OF NEW MEXICO DEIDRA DENISE GALLEGOS, Plaintiff, v. Case No. 1:21-cv-00050-SMV KILOLO KIJAKAZI, Acting Commissioner of the Social Security Administration, Defendant. STIPULATED ORDER GRANTING PLAINTIFF’S UNOPPOSED MOTION FOR ATTORNEY FEES AND COSTS PURSUANT TO THE EQUAL ACCESS TO JUSTICE ACT THIS MATTER is before the Court on Plaintiff's unopposed Motion for Attorneys Fees and Costs Pursuant to the Equal Access to Justice Act filed on 09/20/2022 (Doc. 34), in which the parties stipulate to awarding Plaintiff attorney’s fees and costs under the Equal Access to Justice Act in the amount of $6,733.10 and $0.00, respectively. IT IS THEREFORE ORDERED that Plaintiff be awarded $6,733.10 in attorney fees and $0.00 in costs 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 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).

STEPHAN M. VIDMAR UNITED STATES MAGISTRATE JUDGE

RESPECTFULLY SUBMITTED BY:

/s/

Benjamin Eilers Decker Decker Law Office, LLC P.O. Box 92740 Albuquerque, NM 87199 P (505) 369-6272 F (505) 859-7713 ben@deckerlawoffice.com Attorneys for Plaintiff Deidra Denise Gallegos

APPROVED BY:

_telephonically approved to chambers staff on 10/04/2022_ Brian Baak Special Assistant United States Attorney Social Security Administration Office of the General Counsel, Region VIII 1961 Stout Street, Suite 4169 Denver, CO 80294 brian.baak@ssa.gov thayne.warner@ssa.gov