Tammy L. Garding v. Frank Bisignano, Commissioner of Social Security

IN THE UNITED STATES DISTRICT COURT FOR THE DISTRICT OF NEW MEXICO TAMMY L. GARDING, Plaintiff, vs. Case No.: 1:25-cv-00749-SCY FRANK BISIGNANO, Commissioner of Social Security, Defendant.

ORDER Upon consideration of the Stipulated Motion for Award of Attorney Fees Under the Equal Access to Justice Act, the Court finds the Motion (Dkt. No. 12) should be GRANTED.

IT IS THEREFORE ORDERED that Plaintiff is awarded $2,788.60 (two thousand seven hundred eighty-eight dollars and sixty cents) for attorney fees and expenses under the Equal Access to Justice Act (EAJA), 28 U.S.C. § 2412, as the prevailing party herein. If Plaintiffs counsel is subsequently awarded any fees pursuant to 42 U.S.C. §406(b), they must refund the smaller award to Plaintiff pursuant to Weakley v. Bowen, 803 F.2d 575, 580 (10th Cir. 1986).

HONORABL EVEN C. YA GH U.S. Magistrate Judge SUBMITTED AND APPROVED BY: Electronically submitted 1/15/2026 Richard W. Pruett Special Assistant United States Attorney Attorney for Defendant Electronically approved 1/15/2026 Eric Bohnet Electronically approved 1/15/2026 Blake Duggar Attorneys for Plaintiff