Thiessen v. Social Security Administration

IN THE UNITED STATES DISTRICT COURT FOR THE DISTRICT OF NEW MEXICO PHILLIP WILLIAM THIESSEN, Plaintiff, VS. Civ. No. 24-00122 KG/GJF 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 the parties’ Unopposed Motion for Attorney Fees Pursuant to the Equal Access to Justice Act (“EAJA”), 28 U.S.C. § 2412 (Doc. 21), 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 $6,233.40 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 Plaintiff’s 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 QeL1— D TES DISTRICT JU SUBMITTED AND APPROVED BY: Filed Electronically 9/30/2024 Laura J. Johnson Attorney for Plaintiff Armstrong Johnson Law, LLC Electronically Approved 9/30/2024 Michelle Verdis Special Assistant U.S. Attorney Office of Program Litigation - 6 Office of the General Counsel Social Security Administration