Holmes v. Social Security Administration

IN THE UNITED STATES DISTRICT COURT

FOR THE DISTRICT OF NEW MEXICO

Tiffany H., O/B/O M., John E.,

Plaintiff, vs. CIV NO. 2:25-cv-00186-KRS FRANK BISIGNANO,

Acting Commissioner of Social Security,

Defendant.

ORDER GRANTING STIPULATED MOTION FOR AWARD OF

ATTORNEY FEES UNDER THE EQUAL ACCESS TO JUSTICE ACT (EAJA)

The Court, having reviewed Plaintiff's Stipulated Motion for Award of Attorney Fees under the Equal Access to Justice Act (“EAJA”), 28 U.S.C. § 2412 (the “Motion”), (Doc. 19), 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 $5,000.00 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). The award is subject to the offset provisions of the EAJA. See 28 U.S.C. § 2412(c)(1) (2006).

Qusion Susogea

Eine Sets KEVIN R. SWEAZEA

UNITED STATES MAGISTRATE JUDGE