Escobedo v. Social Security Administration

IN THE UNITED STATES DISTRICT COURT FOR THE DISTRICT OF NEW MEXICO CARRIE ESCOBEDO, Plaintiff, V. No. CV 19-630 CG ANDREW M. SAUL, Commissioner of the Social Security Administration, Defendant.

ORDER GRANTING STIPULATION TO AWARD ATTORNEY FEES UNDER THE EQUAL ACCESS TO JUSTICE ACT THIS MATTER is before the Court on Plaintiff's Unopposed Motion for Attorney Fees Pursuant to the Equal Access to Justice Act, with Memorandum in Support (the “Stipulated Motion”), (Doc. 32), filed July 28, 2020. The Court, having reviewed the Stipulated Motion under the Equal Access to Justice Act (“EAJA”), 28 U.S.C. § 2412, finds the Stipulated Motion is well-taken and fees shall be awarded, made payable to Plaintiff but mailed to Plaintiff's attorney in the amount of $4,561.50 in attorney fees and $400.00 in filing fees. See Astrue v. Ratliff, 560 U.S. 586 (2010) (EAJA fees are paid to the prevailing party, not the attorney).

IT IS THEREFORE 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 SO ORDERED. □ THE HONORABLE CARMEN E. GARZA CHIEF UNITED STATES MAGISTRATE JUDGE