Valdespino v. Social Security Administration

IN THE UNITED STATES DISTRICT COURT

FOR THE DISTRICT OF NEW MEXICO

ROSARIO RUBEN VALDESPINO,

Plaintiff, v. No. CV 21-196 CG KILOLO KIJAKAZI,1

Commissioner of the

Social Security Administration,

Defendant.

ORDER GRANTING UNOPPOSED MOTION TO AWARD ATTORNEY FEES

UNDER THE EQUAL ACCESS TO JUSTICE ACT

THIS MATTER is before the Court on Plaintiff Rosario Ruben Valdespino’s Amended Unopposed Motion for EAJA Fees (the “Motion”), (Doc. 26), filed March 16, 2022. In the Motion, Plaintiff indicates the parties have agreed to award Mr. Valdespino attorney fees in the amount of $8,003.60 and costs of $402.00. (Doc. 26 at 2). 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 $8,003.60 in attorney fees and $402.00 in costs 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).

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 Kilolo Kijakazi was appointed Acting Commissioner of the Social Security Administration on July 9, 2021. counsel shall refund the smaller award to Plaintiff pursuant to Weakley v. Bowen, 803 F.2d 575, 580 (10th Cir. 1986). IT IS SO ORDERED.

THE HONORABLE CARMEN E. GARZA

CHIEF UNITED STATES MAGISTRATE JUDGE