Martinez v. Social Security Administration

Opinion

IN THE UNITED STATES DISTRICT COURT FOR THE DISTRICT OF NEW MEXICO MELISSA MARTINEZ, Plaintiff, vs. No. 1:20-CV-00991-WJ-KRS KILOLO KIJAKAZI, Acting Commissioner of Social Security, Defendant. ORDER THIS MATTER is before the Court upon Plaintiff’s Stipulated Motion for Award of Attorney Fees Under the Equal Access to Justice Act. (Doc. 39). Having considered the motion, the Court finds that it is due to be GRANTED. It is therefore ORDERED that attorney fees are awarded under the Equal Access to Justice Act, 28 U.S.C. § 2412(d), payable to Plaintiff and delivered to Plaintiffs attorney in the amount of $6,313.00. See 28 U.S.C. § 2412(d); see also 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 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. See Weakley v. Bowen, 803 F.2d 575, 580 (10th Cir. 1986).

KEVINR.SWEAZEA UNITED STATES MAGISTRATE JUDGE