Garcia-Verdecia v. Social Security Administration

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