Mays v. Social Security Administration

IN THE UNITED STATES DISTRICT COURT FOR THE DISTRICT OF NEW MEXICO MICHELE DENISE MAYS, Plaintiff, vs. Civ. No. 21-01133 SMV KILOLO KIJAKAZI,!

Acting Commissioner of the Social Security Administration, Defendant.

ORDER GRANTING UNOPPOSED MOTION FOR ATTORNEY FEES PURSUANT TO THE EQUAL ACCESS TO JUSTICE ACT The Court, having reviewed the parties’ Unopposed Motion for Attorney Fees Pursuant to the Equal Access to Justice Act (“EAJA”), 28 U.S.C. § 2412 (Doc. 25), HEREBY ORDERS that attorney fees be, and hereby are, awarded under the EAJA, payable to Plaintiff but mailed to Plaintiffs attorney in the amount of $7,182.60 in attorney fees. See Astrue v. Ratliff, 560 U.S. 586 (2010) (EAJA fees are paid to the prevailing party, not the attorney). Plaintiff is also entitled to costs in the amount of $402.00, which is to be paid from the Department of Justice’s Judgment Fund, 28 U.S.C. § 2412, not agency funds.

IT IS FURTHER ORDERED THAT, if Plaintiffs counsel receives attorney fees under both the EAJA and 42 U.S.C. § 406(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).

UNITED STATES MAGISTRATE JUDGE STEPHAN M. VIDMAR ! Kilolo Kijakazi was appointed Acting Commissioner of the Social Security Administration on July 9, 2021.

SUBMITTED AND APPROVED BY: Filed Electronically 10/27/2022 Laura J. Johnson Attorney for Plaintiff Armstrong Johnson Law, LLC Electronically Approved 10/20/2022 Victoria Johnson Special Assistant United States Attorney