Gonzales v. Social Security Administration

IN THE UNITED STATES DISTRICT COURT FOR THE DISTRICT OF NEW MEXICO ANTHONY TOMAS GONZALES, Plaintiff, vs. No. CV 24-578 SCY LELAND DUDEK, ACTING 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 hereby awards Plaintiff $5,972.40 in attorney fees under the EAJA.

IT IS SO ORDERED that the Stipulated Motion for Award of Attorney Fees Under the Equal Access to Justice Act (Dkt. No. 21) is hereby GRANTED. Plaintiff is awarded attorney fees in the amount of $5,972.40 as the prevailing party herein. If Plaintiffs counsel is subsequently awarded any fees pursuant to 42 U.S.C. §406(b), she must refund the smaller award to Plaintiff pursuant to Weakley v. Bowen, 803 F.2d 575, 580 (10th Cir. 1986).

Cote United States Magistrate Judge SUBMITTED AND APPROVED BY: Electronically submitted 4/18/2025 AMBER L. DENGLER Attorney for Plaintiff Electronically approved 4/18/2025 MARGARET SOBOTA Special Assistant United States Attorney