Blazquez v. Social Security Administration

IN THE UNITED STATES DISTRICT COURT FOR THE DISTRICT OF NEW MEXICO FRANK BLAZQUEZ, Plaintiff, vs. CIV. NO. 1:19-cv-00890-KRS ANDREW SAUL, Commissioner of Social Security, Defendant.

ORDER THIS MATTER is before the Court upon the parties’ Joint Stipulation to Award of Attorney Fees Pursuant to the Equal Access to Justice Act. (Doc. 34). Having considered the relevant filings, the Court finds that the motion is due to be GRANTED. It is therefore ORDERED that attorney fees are awarded under the Equal Access to Justice Act, 28 U.S.C. § 2412(d), payable to Plaintiff and delivered to Plaintiffs attorney in the amount of $5,000.00.

See 28 U.S.C. § 2412(d); see also Astrue v. Ratliff, 560 U.S. 586, 598 (2010) (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) of the Social Security Act, Plaintiffs counsel shall refund the smaller award to Plaintiff. See Weakley v. Bowen, 803 F.2d 575, 580 (10th Cir. 1986).

Boi, Sussogea wae Svat UNITED STATES MAGISTRATE JUDGE