Montoya v. Social Security Administration

Opinion

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

VALERIE MONTOYA,

Plaintiff,

v. CV No. 19-1204 CG

ANDREW SAUL, Commissioner of the Social Security Administration,

Defendant. ORDER GRANTING UNOPPOSED MOTION TO AWARD ATTORNEY FEES UNDER THE EQUAL ACCESS TO JUSTICE ACT THIS MATTER is before the Court on Plaintiff Valerie Montoya’s Opposed Motion for Attorney Fees Pursuant to the Equal Access to Justice Act, with Memorandum in Support (the “Opposed Motion”), (Doc. 25), filed November 4, 2020, and her Unopposed Motion for Attorney Fees Pursuant to the Equal Access to Justice Act, with Memorandum in Support (the “Unopposed Motion”), (Doc. 26), filed November 18, 2020. The Court, having reviewed the Unopposed Motion under the Equal Access to Justice Act (“EAJA”), 28 U.S.C. § 2412, finds the Unopposed Motion is well-taken and shall be granted. IT IS THEREFORE ORDERED that Plaintiff shall be awarded $6,800.00 in attorney fees pursuant to EAJA, 28 U.S.C. § 2412(d), made payable to Plaintiff but mailed to Plaintiff’s attorney. 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 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 FINALLY ORDERED that Plaintiff's Opposed Motion, (Doc. 25), is DENIED AS MOOT. IT IS SO ORDERED. THE HONORABLE CARMEN E. GARZA CHIEF UNITED STATES MAGISTRATE JUDGE