Rees v. Social Security Administration

D. New Mexico

Rees v. Social Security Administration

DecidedMarch 3, 2022

Docket2:20-cv-00575

StatusUnknown

This text of Rees v. Social Security Administration (Rees 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.

Bluebook

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

Pincite

Opinion

IN THE UNITED STATES DISTRICT COURT FOR THE DISTRICT OF NEW MEXICO SANDRA LOUISA REES, Plaintiff, vs. No. 2:20-cv-00575-KWR-LF KILOLO KIJAKAZI,! 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. 32), 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 $8,000.30 in attorney fees. See Astrue v. Ratliff, 560 U.S. 586 (2010) CEAJA 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, Plaintiffs counsel shall refund the smaller award to Plaintiff pursuant to Weakley v. Bowen, 803 F.2d 575, 580 (10th Cir. 1986). IT IS SO ORDERED.

KEA aie UNITED STATES DISTRICT JUDGE

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

SUBMITTED AND APPROVED BY: Filed Electronically 3/2/2022 Laura J. Johnson Attorney for Plaintiff Michael Armstrong Law Office, LLC

Electronically Approved 3/2/2022 Marc Thayne Warner Assistant Regional Counsel Office of the General Counsel Social Security Administration, Region VIII

Free access — add to your briefcase to read the full text and ask questions with AI

IN THE UNITED STATES DISTRICT COURT FOR THE DISTRICT OF NEW MEXICO SANDRA LOUISA REES, Plaintiff, vs. No. 2:20-cv-00575-KWR-LF KILOLO KIJAKAZI,! 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. 32), 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 $8,000.30 in attorney fees. See Astrue v. Ratliff, 560 U.S. 586 (2010) CEAJA 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, Plaintiffs counsel shall refund the smaller award to Plaintiff pursuant to Weakley v. Bowen, 803 F.2d 575, 580 (10th Cir. 1986). IT IS SO ORDERED.

KEA aie UNITED STATES DISTRICT JUDGE

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

SUBMITTED AND APPROVED BY: Filed Electronically 3/2/2022 Laura J. Johnson Attorney for Plaintiff Michael Armstrong Law Office, LLC

Electronically Approved 3/2/2022 Marc Thayne Warner Assistant Regional Counsel Office of the General Counsel Social Security Administration, Region VIII

Cite This Page — Counsel Stack

Bluebook (online)

Rees v. Social Security Administration, Counsel Stack Legal Research, https://law.counselstack.com/opinion/rees-v-social-security-administration-nmd-2022.

Opinion

Related

Cite This Page — Counsel Stack