Osborn v. Social Security Administration

IN THE UNITED STATES DISTRICT COURT FOR THE DISTRICT OF NEW MEXICO LYNELL OSBORN, Plaintiff, vs. Case No. 1:20-cv-002 SMV ANDREW SAUL, Commissioner of Social Security, 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 the Stipulated Motion Regarding Award of Attorney Fees under the Equal Access to Justice Act, (Doc.29), filed November 6, 2020, in which the parties stipulate to awarding Plaintiff EAJA fees in the amount of $6,042.50.

IT IS THEREFORE ORDERED that Plaintiff be awarded $6,042.50 in attorney fees pursuant to the Equal Access to Justice Act, 28 U.S.C. § 2412(d). See Astrue 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.

STEPHAN M. VIDMAR United States Magistrate Judge Submitted by: s/ Francesca J. MacDowell Francesca J. MacDowell Attorney for Plaintiff Approved by email on November 6, 2020 by: M. Thayne Warner, Special AUSA Attorney for Commissioner