Chipps v. Social Security Administration

IN THE UNITED STATES DISTRICT COURT FOR THE DISTRICT OF NEW MEXICO JOSEPH CHIPPS, Plaintiff, v. No. CV 20-794 JB/CG

KILOLO KIJAKAZI,1 Commissioner of the Social Security Administration, Defendant.

ORDER GRANTING STIPULATED MOTION TO AWARD ATTORNEY FEES UNDER THE EQUAL ACCESS TO JUSTICE ACT THIS MATTER is before the Court on the parties’ Stipulated Motion for Award of Attorney Fees Under the Equal Access to Justice Act (the “Motion”), (Doc. 39), filed January 19, 2022. In the Motion, the parties indicate they have agreed to award Mr. Chipps attorney fees in the amount of $3,649.00. (Doc. 39 at 1). Further, the parties agree that “[p]ayment of this amount shall constitute a complete release from and bar to any and all claims Plaintiff may have relating to [the Equal Access to Justice Act (“EAJA”)] fees in connection with this action.” Id. The Court, having reviewed the Motion under EAJA, 28 U.S.C. § 2412, finds the Motion is well-taken and shall be granted.

IT IS THEREFORE ORDERED that Plaintiff be awarded $3,649.00 in attorney fees pursuant to EAJA, 28 U.S.C. § 2412, made payable to Plaintiff but mailed to Plaintiff’s attorney. See Astrue v. Ratliff, 560 U.S. 586 (2010) (EAJA fees are paid to the prevailing party, not the attorney).

1 Kilolo Kijakazi was appointed Acting Commissioner of the Social Security Administration on July 9, 2021.

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, Plaintiff's counsel shall refund the smaller award to Plaintiff pursuant to Weakley v. Bowen, 803 F.2d 575, 580 (10th Cir. 1986).

IT 1S SO ORDERED. > THE HONORABLE CARMEN E. GARZA CHIEF UNITED STATES MAGISTRATE JUDGE