Maurino v. Social Security Administration

D. New Mexico

Maurino v. Social Security Administration

DecidedApril 25, 2022

Docket1:21-cv-00311

StatusUnknown

This text of Maurino v. Social Security Administration (Maurino v. Social Security Administration) is published on Counsel Stack Legal Research, covering District Court, D. New Mexico primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

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Maurino v. Social Security Administration, (D.N.M. 2022).

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IN THE UNITED STATES DISTRICT COURT FOR THE DISTRICT OF NEW MEXICO ERNEST ROSS MAURINO, JR, Plaintiff, VS. Civ. No. 21-00311 SMV KILOLO KIJAKAZI,! Acting 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. 29), 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 $7,039.60 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).

— Hep STEPHAN M. VIDMAR UNITED STATES MAGISTRATE JUDGE Presiding by Consent

Kilolo Kijakazi was appointed Acting Commissioner of the Social Security Administration on July 9, 2021.

SUBMITTED AND APPROVED BY: Filed Electronically 4/15/2022 Laura J. Johnson Attorney for Plaintiff Michael Armstrong Law Office, LLC

Electronically Approved 4/15/2022 David Blower 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 ERNEST ROSS MAURINO, JR, Plaintiff, VS. Civ. No. 21-00311 SMV KILOLO KIJAKAZI,! Acting 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. 29), 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 $7,039.60 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).

— Hep STEPHAN M. VIDMAR UNITED STATES MAGISTRATE JUDGE Presiding by Consent

Kilolo Kijakazi was appointed Acting Commissioner of the Social Security Administration on July 9, 2021.

SUBMITTED AND APPROVED BY: Filed Electronically 4/15/2022 Laura J. Johnson Attorney for Plaintiff Michael Armstrong Law Office, LLC

Electronically Approved 4/15/2022 David Blower Assistant Regional Counsel Office of the General Counsel Social Security Administration, Region VIII

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