Garcia-Verdecia v. Social Security Administration
Trial Court Opinion
IN THE UNITED STATES DISTRICT COURT
FOR THE DISTRICT OF NEW MEXICO
HERLI GARCIA-VERDECIA,
Plaintiff, vs. CIV. NO. 1:20-01233-SMV KILOLO KIJAKAZI,
Acting Commissioner of
Social Security,
Defendant.
ORDER
Upon consideration of the Stipulated Motion for Award of Attorney Fees Under the Equal Access to Justice Act (EAJA), 28 U.S.C. § 2412, the Court hereby awards Plaintiff $4,652.30 in attorney fees under the EAJA.
IT IS SO ORDERED that the Stipulated Motion for Award of Attorney Fees Under the Equal Access to Justice Act (Dkt. No. 30) is hereby GRANTED. Plaintiff is awarded attorney fees in the amount of $4,652.30 as the prevailing party herein. If Plaintiffs counsel is subsequently awarded any fees pursuant to 42 U.S.C. §406(b), she must refund the smaller award to Plaintiff pursuant to Weakley v. Bowen, 803 F.2d 575, 580 (10th Cir. 1986). IT IS SO ORDERED this 21st day of January 2022.
STEPHAN M. VIDMAR
United States Magistrate Judge Presiding by Consent
SUBMITTED AND APPROVED BY:
Electronically submitted 1/21/2022
VICTORIA V. JOHNSON
Special Assistant United States Attorney
Attorney for Defendant
Electronically approved 1/21/2022
AMBER L. DENGLER
Attorney for Plaintiff
Case-law data current through September 30, 2026. Source: CourtListener bulk data.