Langley v. Social Security Administration

IN THE UNITED STATES DISTRICT COURT FOR THE DISTRICT OF NEW MEXICO JOHN W. LANGLEY, Plaintiff, vs. CIV NO. 1:21-00178-DHU/SMV KILOLO KIJAKAZI, Acting Commissioner Social Security, Defendant.

ORDER Upon consideration of the Stipulated Motion for Award of Attorney Fees Under the Equal Access to Justice Act (EAJA), 28 U.S.C. § 2412, the Court finds the Motion (Dkt. No. 46) should be GRANTED.

IT IS THEREFORE ORDERED that Plaintiff is awarded attorney fees in the amount of $6,082.20 under the Equal Access to Justice Act, 28 U.S.C. § 2412, made payable to Plaintiff as the prevailing party herein.

IT IS FURTHER ORDERED THAT, if Plaintiff?s counsel is subsequently awarded any fees pursuant to 42 U.S.C. §406(b), she must refund the smaller award to Plaintiff pursuant to Weakley v. Bowen, 803 F.2d 575, 580 (10th Cir. 1986).

DATED this 22nd day of August 2022.

STEPHAN M. VIDMAR UNITED STATES MAGISTRATE JUDGE SUBMITTED AND APPROVED BY: Electronically submitted August 19, 2022 VICTORIA V. JOHNSON Special Assistant United States Attorney Electronically approved August 19, 2022 HELEN LAURA LÓPEZ Attorney for Plaintiff