Georgiana M. P. v. Frank Bisignano, Commissioner of Social Security...
Trial Court Opinion
IN THE UNITED STATES DISTRICT COURT FOR THE DISTRICT OF NEW MEXICO GEORGIANA M. P., Plaintiff, vs. CIV NO. 1:25-cv-00057-KRS FRANK BISIGNANO, Commissioner of Social Security Administration, Defendant.
ORDER GRANTING UNOPPOSED MOTION FOR ATTORNEY FEES PURSUANT TO THE EQUAL ACCESS TO JUSTICE ACT The Court, having reviewed Plaintiff Georgiana M. P.’s (‘Plaintiff’) Unopposed Motion for Attorney Fees pursuant to the Equal Access to Justice Act (“EAJA”), 28 U.S.C. § 2412 (Doc.
25), HEREBY ORDERS that: 1. Attorney fees are awarded under the EAJA, payable to Plaintiff but mailed to Plaintiff’s attorney in the amount of $9,000.00 in attorney fees. See Astrue v. Ratliff, 560 U.S. 586 (2010) (EAJA fees are paid to the prevailing party, not the attorney); 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). The award is subject to the offset provisions of the EAJA. See 28 U.S.C. § 2412(c)(1) (2006).
IT IS SO ORDERED this 24th day of June, 2026.
KEVINR.SWEAZEA UNITED STATES MAGISTRATE JUDGE
Case-law data current through September 30, 2026. Source: CourtListener bulk data.