McCoy v. Social Security Administration

Opinion

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

NATALIE NICOLE MCCOY Plaintiff, VS. Civil Action No. 21-CV-00695 KILOLO KIJAKAZI, ACTING COMMISSIONER SOCIAL SECURITY ADMINISTRATION Defendant. ORDER GRANTING ATTORNEY’S FEES AND COSTS 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. 27), HEREBY ORDERS that attorney fees be, and hereby are, awarded under the EAJA, payable to Plaintiff but mailed to Plaintiffs attorney in the amount of $8,611.00 in attorney fees. See Astrue v. Ratliff, 560 U.S. 586 (2010) (EAJA fees are paid to the prevailing party, not the attorney). Plaintiff also entitled to costs in the amount of $44.30, which is to be paid from the Department of Justice’s Judgment Fund, 28 U.S.C. § 2412, not agency funds. IT IS FURTHER ORDERED, ADJUDGED, AND DECREED that if Plaintiff McCoy’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 (10" Cir. 1986). tap Stephan M. Vidmar United States Magistrate Judge Presiding by Consent

Submitted by:

Electronically submitted 05/18/22 Nancy Cronin Attorney for Plaintiff

Approved:

Electronically approved 05/16/22 Victoria V. Johnson Special Assistant United States Attorney