Vargas v. Social Security Administration

IN THE UNITED STATES DISTRICT COURT

FOR THE DISTRICT OF NEW MEXICO

LUPITA VARGAS,

Plaintiff,

VS. Civ. No. 23-00551 KG/LF 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. 29), 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 $9,000.00 in attorney fees. See Astrue v. Ratliff, 560 U.S. 586 (2010) CEAJA 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 (10th Cir. 1986).

3nQe4L1— UNITED STATES DISTRIC DGE SUBMITTED AND APPROVED BY:

Filed Electronically 11/20/2024

Laura J. Johnson

Attorney for Plaintiff

Armstrong Johnson Law, LLC

Electronically Approved 11/20/2024

Victoria Johnson

Special Assistant U.S. Attorney

Office of Program Litigation - 6

Office of the General Counsel

Social Security Administration