Martinez v. Social Security Administration

IN THE UNITED STATES DISTRICT COURT FOR THE DISTRICT OF NEW MEXICO EVANGELINE G. MARTINEZ, Plaintiff, vs. CIV. NO. 1:21-cv-00331-SMV

KILOLO KIJAKAZI, Acting Commissioner of 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 hereby awards Plaintiff $10,500.00 in attorney fees under the EAJA.

IT IS ORDERED that the Stipulated Motion for Award of Attorney Fees Under the Equal Access to Justice Act (Dkt. No. 32) is hereby GRANTED. Plaintiff is awarded attorney fees in the amount of $10,500.00 as the prevailing party herein. If Plaintiff’s counsel is subsequently awarded any fees pursuant to 42 U.S.C. §406(b), he must refund the smaller award to Plaintiff pursuant to Weakley v. Bowen, 803 F.2d 575, 580 (10th Cir. 1986).

IT IS FURTHER ORDERED that if, after receiving the Court’s EAJA fee order, the Commissioner (1) determines upon effectuation of the Court’s EAJA fee order that Plaintiff does not owe a debt that is subject to offset under the Treasury Offset Program, and (2) agrees to waive the requirements of the Anti-Assignment Act, the fees will be made payable to Plaintiff’s attorney. However, if there is a debt owned under the Treasury Offset Program, the Commissioner cannot agree to waive the requirements of the Anti-Assignment Act, and the remaining EAJA fees after offset will be paid by a check made out to Plaintiff but delivered to Plaintiff's attorney.

DATED this _22d_ day of November 2022.

YIP STEPHAN M. VIDMAR UNITED STATES MAGISTRATE JUDGE SUBMITTED AND APPROVED BY: Electronically submitted 11/18/22 VICTORIA V. JOHNSON Special Assistant United States Attorney Electronically approved 11/18/22 KARL E. OSTERHOUT Attorney for Plaintiff