Lucero v. Social Security Administration

IN THE UNITED STATES DISTRICT COURT

FOR THE DISTRICT OF NEW MEXICO

ERIC L.,

Plaintiff, vs. Civ. No. 23-01044 KRS MARTIN O’MALLEY,

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 Plaintiff's 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 Plaintiff’s attorney in the amount of $6,389.50 in attorney fees. See Astrue v. Ratliff, 560 U.S. 586 (2010) (EAJA fees are paid to the prevailing party, not the attorney).

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).

“Rin Sinope

Resin c KEVIN R. SWEAZEA

UNITED STATES MAGISTRATE JUDGE