Ricks v. Social Security Administration

IN THE UNITED STATES DISTRICT COURT

FOR THE DISTRICT OF NEW MEXICO

STACCATO O. RICKS,

Plaintiff, vs. CIV. NO. 1:21-cv-00942-JHR

KILOLO KIJAKAZI,

Acting Commissioner of

Social Security,

Defendant.

ORDER

Upon consideration of Defendant’s Stipulated Motion for Award of Attorney Fees Under the Equal Access to Justice Act (EAJA) (ECF No. 29), the Court hereby awards Plaintiff $7,247.55 in attorney fees under the EAJA, 28 U.S.C. § 2412. 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), cert. denied, 129 S. Ct. 486 (2008); Brown v. Astrue, 271 F. App’x 741, 743-44 (10th Cir. 2008) (unpublished). It is further ordered that, if Plaintiff’s counsel 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).

IT IS SO ORDERED. gh gy, cee

Co é KD KES at

JERRY H.RITTER

United States Magistrate Judge Presiding by Consent

SUBMITTED AND APPROVED BY:

Electronically submitted 6/26/23

JENNIFER RANDALL

Special Assistant United States Attorney

Electronically approved 6/26/23

MATTHEW R. MCGARRY

Attorney for Plaintiff