Heflin v. Saul, 2:19-cv-00254-SMV. (2020)
Court: District Court, D. New Mexico
Number: infdco20200228g94
Visitors: 27
Filed: Feb. 27, 2020
Latest Update: Feb. 27, 2020
Summary: ORDER STEPHAN M. VIDMAR , Magistrate Judge . The Court, having reviewed the parties' Stipulated Motion for Award of Attorney Fees Under the Equal Access to Justice Act (EAJA), 28 U.S.C. 2412 (Doc. 27), HEREBY ORDERS that attorney fees be awarded under the EAJA, payable to Plaintiff in care of his attorney in the amount of $4,400.00. See Astrue v. Ratliff, 560 U.S. 586 (2010) (EAJA fees are paid to the prevailing party, not the attorney). IT IS FURTHER ORDERED THAT, if Plaintiff's co
Summary: ORDER STEPHAN M. VIDMAR , Magistrate Judge . The Court, having reviewed the parties' Stipulated Motion for Award of Attorney Fees Under the Equal Access to Justice Act (EAJA), 28 U.S.C. 2412 (Doc. 27), HEREBY ORDERS that attorney fees be awarded under the EAJA, payable to Plaintiff in care of his attorney in the amount of $4,400.00. See Astrue v. Ratliff, 560 U.S. 586 (2010) (EAJA fees are paid to the prevailing party, not the attorney). IT IS FURTHER ORDERED THAT, if Plaintiff's cou..
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ORDER
STEPHAN M. VIDMAR, Magistrate Judge.
The Court, having reviewed the parties' Stipulated Motion for Award of Attorney Fees Under the Equal Access to Justice Act (EAJA), 28 U.S.C. § 2412 (Doc. 27), HEREBY ORDERS that attorney fees be awarded under the EAJA, payable to Plaintiff in care of his attorney in the amount of $4,400.00. See Astrue v. Ratliff, 560 U.S. 586 (2010) (EAJA fees are paid to the prevailing party, not the attorney).
IT IS FURTHER ORDERED THAT, 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).
Source: Leagle
