Rael v. Social Security Administration

IN THE UNITED STATES DISTRICT COURT FOR THE DISTRICT OF NEW MEXICO JANET F. RAEL, Plaintiff, v. Civ. No. 21-252 GBW KILOLO KIJAKAZI, Acting Commissioner of the Social Security Administration, Defendant.

ORDER GRANTING STIPULATED ATTORNEY FEES THIS MATTER comes before the Court on Plaintiff’s Stipulated Motion for Award of Attorney Fees Under the Equal Access to Justice Act. Doc. 32. The parties have stipulated to an award of $5,689.80 in attorney fees to Plaintiff pursuant to the Equal Access to Justice Act, 28 U.S.C. § 2412 (EAJA).

IT IS HEREBY ORDERED that Plaintiff is awarded $5,689.80 in attorney fees under the EAJA. The EAJA fees will be paid to Plaintiff but delivered to Plaintiff’s attorney. See Astrue v. Ratliff, 560 U.S. 586, 595–98 (2010); Manning v. Astrue, 510 F.3d 1246, 1255 (10th Cir. 2007); Brown v. Astrue, 271 F. App’x 741, 743–44 (10th Cir. 2008) (unpublished).

IT IS FURTHER ORDERED that, if Plaintiff’s attorney ultimately receives an award of attorney fees pursuant to 42 U.S.C. § 406(b), said attorney must refund the smaller award to Plaintiff pursuant to Weakley v. Bowen, 803 F.2d 575, 580 (10th Cir. 1986).

J B. WORMUTH UNITED STATES MAGISTRATE JUDGE Presiding by Consent