Herrera v. Social Security Administration

Opinion

IN THE UNITED STATES DISTRICT COURT FOR THE DISTRICT OF NEW MEXICO ELAINE HERRERA, Plaintiff, V. No. CV 19-140 CG ANDREW SAUL, Commissioner of the Social Security Administration, Defendant. ORDER GRANTING JOINT MOTION TO AWARD ATTORNEY FEES UNDER THE EQUAL ACCESS TO JUSTICE ACT THIS MATTER is before the Court on the parties’ Joint Motion for Order Approving Stipulation of Award of Attorney Fees Under the Equal Access to Justice Act (the “Stipulated Motion”), (Doc. 27), filed February 3, 2020. The Court, having reviewed the Stipulated Motion under the Equal Access to Justice Act (“EAJA”), 28 U.S.C. § 2412, finds the Stipulated Motion is well-taken and attorney fees shall be awarded, made payable to Plaintiff but mailed to Plaintiff's attorney in the amount of $4,430.00. See Astrue v. Ratliff, 560 U.S. 586 (2010) (EAJA fees are paid to the prevailing party, not the attorney). All other provisions addressed in the parties’ Stipulated Motion are adopted herein. IT IS THEREFORE 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). IT IS SO ORDERED. (omP2— THE HONORABLE CARMEN E. GARZA CHIEF UNITED STATES MAGISTRATE JUDGE