Aguirre v. Social Security Administration

IN THE UNITED STATES DISTRICT COURT

FOR THE DISTRICT OF NEW MEXICO

MEYALLIA.,

Plaintiff, v. Civ. No. 24-483 GBW 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

THIS MATTER comes before the Court on Plaintiff’s Unopposed Motion for Attorney Fees Pursuant to the Equal Access to Justice Act with Memorandum in Support. Doc. 15. The parties have stipulated to an award of $5,796.70 in attorney fees and $0.00 in costs pursuant to the Equal Access to Justice Act, 28 U.S.C. § 2412 (“EAJA”).

IT IS HEREBY ORDERED that Plaintiff is awarded $5,796.70 in attorney fees and $0.00 in costs under the EAJA. 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Manning v. Astrue, 510 F.3d 1246, 1255 (10th Cir. 2007); Brown v. Astrue, 271 F. App’x 741, 743-44 (10th Cir. 2008) (unpublished).

IT IS FURTHER ORDERED that, if Plaintiff's attorney 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).

GREGOR WORMUTH

CHIEF UNITED STATES MAGISTRATE JUDGE Presiding by Consent