Barone v. Social Security Administration

IN THE UNITED STATES DISTRICT COURT FOR THE DISTRICT OF NEW MEXICO TRACY BARONE, Plaintiff, v. Case No. 1:21-cv-00068-SMV KILOLO KIJAKAZI, Acting Commissioner of the Social Security Administration, Defendant.

STIPULATED ORDER GRANTING PLAINTIFF’S UNOPPOSED MOTION FOR ATTORNEY FEES AND COSTS PURSUANT TO THE EQUAL ACCESS TO JUSTICE ACT THIS MATTER is before the Court on Plaintiff’s unopposed Motion for Attorneys Fees and Costs Pursuant to the Equal Access to Justice Act filed on 05/13/2022 (Doc. 32) in which the parties stipulate to awarding Plaintiff attorney’s fees and costs under the Equal Access to Justice Act in the amount of $7,000.00 and $0.00, respectively.

IT IS THEREFORE ORDERED that Plaintiff be awarded $7,000.00 in attorney fees and $0.00 in costs pursuant to the Equal Access to Justice Act, 28 U.S.C. § 2412(d). See Astrue v. Ratliff, 560 U.S. 586, 591–93 (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 EAJA and 42 U.S.C. § 406(b), Section 206(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). tap STEPHAN M. VIDMAR UNITED STATES MAGISTRATE JUDGE RESPECTFULLY SUBMITTED BY: /s/ Benjamin Eilers Decker Decker Law Office, LLC P.O. Box 92740 Albuquerque, NM 87199 P (505) 369-6272 F (505) 859-7713 [email protected] Attorneys for Plaintiff Tracy Barone APPROVED BY: /s/ by email 05/13/2022 Brian Baak Special Assistant United States Attorney Social Security Administration Office of the General Counsel, Region VIII 1961 Stout Street, Suite 4169 Denver, CO 80294-4003 United States P (303) 844-7356 F (303) 844-0770 [email protected] Attorneys for Defendant