Martinez v. Commissioner of Social Security Administration
Martinez v. Commissioner of Social Security Administration
Trial Court Opinion
IN THE UNITED STATES DISTRICT COURT FOR THE WESTERN DISTRICT OF OKLAHOMA
PRISCILLA GARCIA MARTINEZ, ) ) Plaintiff, ) ) v. ) No. CIV-22-730-R ) KILOLO KIJAKAZI, ) Acting Commissioner of Social Security, ) ) Defendant. )
ORDER
Before the Court is Plaintiff’s Motion for Attorney’s Fees Pursuant to the Equal Access to Justice Act,
28 U.S.C. § 2412[Doc. No. 29], in which Plaintiff requests an award of attorney’s fees and expenses in the amount of $5,447.30. Defendant filed a response [Doc. No. 30] stating that she agrees this is a fair and equitable amount for the work performed in this matter. Accordingly, Plaintiff’s application for an award of attorney’s fees and costs is GRANTED in the amount of $5,447.30. The EAJA fees will be paid to Plaintiff as the prevailing party, subject to offset for debts to the federal government, but delivered to Plaintiff’s attorney. See Astrue v. Ratliff,
560 U.S. 586, 595-98(2010). If Plaintiff’s counsel ultimately receives an award of attorney fees pursuant to
42 U.S.C. § 406(b), said attorney must refund the smaller award to Plaintiff pursuant to Weakley v. Bowen,
803 F.2d 575, 580(10th Cir. 1986). IT IS SO ORDERED this 18" day of August 2023.
DAVID L. RUSSELL UNITED STATES DISTRICT JUDGE
Reference
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