Giddings v. Social Security Administration

IN THE UNITED STATES DISTRICT COURT FOR THE DISTRICT OF NEW MEXICO PAMELA D. GIDDINGS, Plaintiff, V. No. CV 18-891 CG ANDREW SAUL, Commissioner of the Social Security Administration, Defendant.

ORDER AWARDING ATTORNEY FEES PURSUANT TO THE EQUAL ACCESS TO JUSTICE ACT, 28 U.S.C. § 2412(d) THIS MATTER is before the Court on Plaintiff Pamela D. Gidding’s Stipulation Regarding Award of Attorney Fees under the Equal Access to Justice Act, (Doc. 24), filed July 23, 2019, in which the parties agree to an award of $6,900.00 in attorney fees.

IT IS THEREFORE ORDERED that Plaintiff be awarded $6,900.00 in attorney fees pursuant to the Equal Access to Justice Act, 28 U.S.C. § 2412(d). See Asztrue v. Ratliff, 560 U.S. 586, 591-93 (2010) (providing 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), Section 206(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 SO ORDERED. ( DttnZ 2 — ~THE HONORABLE CARMENE. GARZA CHIEF UNITED STATES MAGISTRATE JUDGE