Gutierrez v. Social Security Administration

D. New Mexico

Gutierrez v. Social Security Administration

District Court, D. New Mexico·Decided March 9, 2020·No. 1:18-cv-01107·Unknown

Opinion

IN THE UNITED STATES DISTRICT COURT FOR THE DISTRICT OF NEW MEXICO CRESENCIANO GUTIERREZ, II, Plaintiff, vs. Civ. No. 18-01107 LF ANDREW SAUL, Commissioner of the Social Security Administration, Defendant. ORDER GRANTING UNOPPOSED MOTION FOR ATTORNEY FEES PURSUANT TO 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”), 28 U.S.C. § 2412 (Doc. ), HEREBY ORDERS that attorney fees be, and hereby are, awarded under the EAJA, payable to Plaintiff but mailed to Plaintiff’s attorney in the amount of $6,201.60. 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 Plaintiff's counsel receives attorney fees under both the EAJA and 42 U.S.C. § 406(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).

Pilate bere UNIT TATES MA RATE J LAURA FASHING

SUBMITTED AND APPROVED BY: Filed Electronically 2/27/20 Laura Johnson Attorney for Plaintiff Michael Armstrong Law Office, LLC

Electronically Approved 2/27/20 Danielle Pedderson Assistant Regional Counsel Office of the General Counsel Social Security Administration, Region VIII

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IN THE UNITED STATES DISTRICT COURT FOR THE DISTRICT OF NEW MEXICO CRESENCIANO GUTIERREZ, II, Plaintiff, vs. Civ. No. 18-01107 LF ANDREW SAUL, Commissioner of the Social Security Administration, Defendant. ORDER GRANTING UNOPPOSED MOTION FOR ATTORNEY FEES PURSUANT TO 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”), 28 U.S.C. § 2412 (Doc. ), HEREBY ORDERS that attorney fees be, and hereby are, awarded under the EAJA, payable to Plaintiff but mailed to Plaintiff’s attorney in the amount of $6,201.60. 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 Plaintiff's counsel receives attorney fees under both the EAJA and 42 U.S.C. § 406(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).

Pilate bere UNIT TATES MA RATE J LAURA FASHING

SUBMITTED AND APPROVED BY: Filed Electronically 2/27/20 Laura Johnson Attorney for Plaintiff Michael Armstrong Law Office, LLC

Electronically Approved 2/27/20 Danielle Pedderson Assistant Regional Counsel Office of the General Counsel Social Security Administration, Region VIII

Gutierrez v. Social Security Administration, (D.N.M. 2020).

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