Victoria A. E. v. Frank Bisignano, Commissioner of Social Security...

IN THE UNITED STATES DISTRICT COURT FOR THE DISTRICT OF NEW MEXICO

VICTORIA A. E., Plaintiff, vs. CIV NO. 1:24-cv-01237-KRS FRANK BISIGNANO, Commissioner of Social Security Administration, Defendant.

ORDER GRANTING AMENDED UNOPPOSED MOTION FOR AWARD OF ATTORNEY FEES PURSUANT TO THE EQUAL ACCESS TO JUSTICE ACT, 28 U.S.C. § 2412(d) The Court, having reviewed Plaintiff Victoria A. E.’s (“Plaintiff”) Amended Motion for Award of Attorney Fees Pursuant to 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 $2,887.92 in attorney fees. See Astrue v. Ratliff, 560 U.S. 586 (2010) (EAJA fees are paid to the prevailing party, not the attorney); 2. Plaintiff shall also be awarded the $405.00 filing fee payable to the Plaintiff’s attorney, which is to be paid from the Department of Justice’s Judgment Fund, 28 U.S.C. § 2412, not agency funds; 3. If Plaintiff’s 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); and 4. Plaintiff’s First Motion for Award of Attorney Fees Pursuant to the Equal Access to Justice Act (““EAJA”), 28 U.S.C. § 2412, (Doc. 25), is DENIED AS MOOT.

IT IS SO ORDERED this 10th day of July, 2026.

HONORABLE KEVIN R. SWEAZEA UNITED STATES MAGISTRATE JUDGE