Saavedra v. Social Security Administration

IN THE UNITED STATES DISTRICT COURT FOR THE DISTRICT OF NEW MEXICO CINDY SAAVEDRA, Plaintiff, Vs. CIV. NO. 2:23-01110-KG-GJF MARTIN O’MALLEY, 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 finds the Motion (Doc. 26) should be GRANTED.

IT IS THEREFORE ORDERED that Plaintiff is awarded attorney fees in the amount of $7,900.00 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 Plaintiffs 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).

UNITED STATES DISTRICT SUBMITTED AND APPROVED BY: Electronically submitted 8/22/2024 MICHELLE C. VERDIS Special Assistant United States Attorney Attorney for Defendant Electronically approved on 8/22/20241 DAVID F. CHERMOL, ESQ.

Attorney for Plaintiff

1 Plaintiff’s counsel provided consent to Defendant’s counsel to add his electronic signature to this proposed order.