Jennifer L. E. v. Frank Bisignano, Commissioner of Social Security...

IN THE UNITED STATES DISTRICT COURT FOR THE DISTRICT OF NEW MEXICO JENNIFER L. E., Plaintiff, vs. CIV NO. 2:24-cv-01015-KRS FRANK BISIGNANO, Commissioner of Social Security Administration, Defendant.

ORDER GRANTING STIPULATED MOTION FOR AWARD OF ATTORNEY FEES UNDER THE EQUAL ACCESS TO JUSTICE ACT The Court, having reviewed the Stipulated Motion for Award of Attorney Fees under the Equal Access to Justice Act (“EAJA”), 28 U.S.C. § 2412 (Doc. 26), HEREBY ORDERS that: 1. Attorney fees are awarded under the EAJA, payable to Plaintiff but mailed to Plaintiff’s attorney in the amount of $6,450.00 in attorney fees. See Astrue v. Ratliff, 560 U.S. 586 (2010) (EAJA fees are paid to the prevailing party, not the attorney); and 2. 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).

IT IS SO ORDERED.

“Rein, Srasogpn Resins KEVIN R. SWEAZEA UNITED STATES MAGISTRATE JUDGE