Guzman Chavez v. Social Security Administration

Opinion

IN THE UNITED STATES DISTRICT COURT FOR THE DISTRICT OF NEW MEXICO

FRANCISCO JAVIER GUZMAN-CHAVEZ,

PLAINTIFF,

vs. Case No. 19-CV-341-KRS

ANDREW SAUL, COMMISSIONER OF SOCIAL SECURITY ADMINISTRATION,

DEFENDANT.

STIPULATED ORDER GRANTING MOTION FOR ATTORNEY FEES AND COSTS PURSUANT TO THE EQUAL ACCESS TO JUSTICE ACT (EAJA)

THIS MATTER having come before the Court upon Plaintiff’s Unopposed Motion for Attorney Fees and Costs Pursuant to the Equal Access to Justice Act (Doc. 31), the Court FINDS that the MOTION should be GRANTED. IT IS THEREFORE ORDERED that attorney fees be, and hereby are, awarded under the Equal Access to Justice Act, 28 U.S.C. § 2412(d), payable to Plaintiff and mailed to Plaintiff’s attorney in the amount of $5,007.40. See 28 U.S.C. § 2412(c)(1); and Astrue v. Ratliff, 560 U.S. 586, 598 (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). DATED this 12th day of January 2021. KEVIN R. SWEAZEA UNITED STATES MAGISTRATE JUDGE

Submitted by:

s/ Feliz M. Martone Feliz M. Martone Attorney for Plaintiff Approved by: Email approval 12/30/20 Mare Thayne Warner Attorney for Defendant