Heflin v. Social Security Administration

IN THE UNITED STATES DISTRICT COURT FOR THE DISTRICT OF NEW MEXICO MICHAEL HEFLIN, Plaintiff, vs. CIV. NO. 2:19-cv-00254-SMV ANDREW SAUL, Commissioner of Social Security, Defendant.

ORDER The Court, having reviewed the parties’ Stipulated Motion for Award of Attorney Fees Under the Equal Access to Justice Act (EAJA), 28 U.S.C. § 2412 (Doc. 27), HEREBY ORDERS that attorney fees be awarded under the EAJA, payable to Plaintiff in care of his attorney in the amount of $4,400.00. 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 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).

STEPHAN M. VIDMAR UNITED STATES MAGISTRATE JUDGE SUBMITTED AND APPROVED BY: Filed Electronically 2/26/20 STEVEN W. MARTYN Special Assistant United States Attorney Electronically Approved 2/26/20 AMBER L. DENGLER Attorney for Plaintiff