Mendoza-Martinez v. Social Security Administration

IN THE UNITED STATES DISTRICT COURT

FOR THE DISTRICT OF NEW MEXICO

CYNTHIA MENDOZA-MARTINEZ,

Plaintiff, vs. Civ. No. 20-00310 SMV KILOLO KIJAKAZI,!

Commissioner of the Social Security

Administration,

Defendant.

ORDER GRANTING UNOPPOSED MOTION FOR ATTORNEY FEES

PURSUANT TO THE EQUAL ACCESS TO JUSTICE ACT

The Court, having reviewed the parties’ Unopposed Motion for Attorney Fees Pursuant to the Equal Access to Justice Act (““EAJA”), 28 U.S.C. § 2412 (Doc. 29), HEREBY ORDERS that attorney fees be, and hereby are, awarded under the EAJA, payable to Plaintiff but mailed to Plaintiff’s attorney in the amount of $7,419.60 in attorney fees. See Astrue v. Ratliff, 560 U.S. 586 (2010) (EAJA fees are paid to the prevailing party, not the attorney).

IT IS FURTHER ORDERED THAT, if Plaintiffs 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).

STEPHAN M. VIDMAR

UNITED STATES MAGISTRATE JUDGE

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

SUBMITTED AND APPROVED BY:

Filed Electronically 2/7/2022

Laura J. Johnson

Attorney for Plaintiff

Michael Armstrong Law Office, LLC

Electronically Approved 2/7/2022

Brian Baak

Assistant Regional Counsel

Office of the General Counsel

Social Security Administration, Region VIII