Varela v. Social Security Administration
This text of Varela v. Social Security Administration (Varela 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.
Opinion
IN THE UNITED STATES DISTRICT COURT FOR THE DISTRICT OF NEW MEXICO
CHRISTY VARELA, Plaintiff, vs. CIV NO. 2:24-cv-00199-KRS MARTIN O’MALLEY, Commissioner of Social Security, Defendant.
ORDER GRANTING JOINT MOTION FOR ATTORNEY FEES PURSUANT TO THE EQUAL ACCESS TO JUSTICE ACT The Court, having reviewed the Joint Motion for Attorney Fees under the Equal Access to Justice Act (““EAJA”), 28 U.S.C. § 2412 (Doc. 17), HEREBY ORDERS that: 1. Attorney fees are awarded under the EAJA, payable to Plaintiff but mailed to Plaintiff’s attorney in the amount of $840.00 in attorney fees. See Astrue v. Ratliff, 560 U.S. 586 (2010) (EAJA fees are paid to the prevailing party, not the attorney); 2. 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); and 3. Plaintiff's previously filed motion for the EAJA fees (Doc. 16) is DENIED as moot. IT IS SO ORDERED.
wn Sanaa gpa Resin KEVIN R. SWEAZEA UNITED STATES MAGISTRATE JUDGE
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