Matthew P. M. v. Frank Bisignano, Acting Commissioner of Social Security

D. New Mexico

Matthew P. M. v. Frank Bisignano, Acting Commissioner of Social Security

District Court, D. New Mexico·Decided December 9, 2025·No. 1:25-cv-00232·Unknown

Opinion

IN THE UNITED STATES DISTRICT COURT FOR THE DISTRICT OF NEW MEXICO MATTHEW P. M., Plaintiff, vs. CIV NO. 1:25-cv-00232-KRS FRANK BISIGNANO, Acting Commissioner of Social Security, Defendant.

ORDER GRANTING STIPULATED MOTION FOR AWARD OF ATTORNEY FEES UNDER THE EQUAL ACCESS TO JUSTICE ACT The Court, having reviewed Plaintiff's Stipulated Motion for Award of Attorney Fees under the Equal Access to Justice Act (“EAJA”) (the “Motion”), (Doc. 23), 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 $3,682.95 in attorney fees. 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 Plaintiffs 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). The award is subject to the offset provisions of the EAJA. See 28 U.S.C. § 2412(c)(1) (2006).

Qusion Susogea Eine Sets KEVIN R. SWEAZEA UNITED STATES MAGISTRATE JUDGE

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IN THE UNITED STATES DISTRICT COURT FOR THE DISTRICT OF NEW MEXICO MATTHEW P. M., Plaintiff, vs. CIV NO. 1:25-cv-00232-KRS FRANK BISIGNANO, Acting Commissioner of Social Security, Defendant.

ORDER GRANTING STIPULATED MOTION FOR AWARD OF ATTORNEY FEES UNDER THE EQUAL ACCESS TO JUSTICE ACT The Court, having reviewed Plaintiff's Stipulated Motion for Award of Attorney Fees under the Equal Access to Justice Act (“EAJA”) (the “Motion”), (Doc. 23), 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 $3,682.95 in attorney fees. 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 Plaintiffs 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). The award is subject to the offset provisions of the EAJA. See 28 U.S.C. § 2412(c)(1) (2006).

Qusion Susogea Eine Sets KEVIN R. SWEAZEA UNITED STATES MAGISTRATE JUDGE

Matthew P. M. v. Frank Bisignano, Acting Commissioner of Social Security, (D.N.M. 2025).

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