Chavez v. Social Security Administration, CV 16-560SMV. (2017)
Court: District Court, D. New Mexico
Number: infdco20171221e24
Visitors: 6
Filed: Dec. 20, 2017
Latest Update: Dec. 20, 2017
Summary: ORDER AWARDING ATTORNEY FEES PURSUANT TO THE EQUAL ACCESS TO JUSTICE ACT, 28 U.S.C. 2412(d) STEPHAN M. VIDMAR , Magistrate Judge . THIS MATTER is before the Court on the Stipulation of Award of Attorney Fees under the Equal Access to Justice Act, (Doc. # 28), filed December 20, 2017, in which the parties stipulate to awarding Plaintiff EAJA fees in the amount of $7,000.00. IT IS THEREFORE ORDERED that Plaintiff be awarded $7,000.00 in attorney fees pursuant to the Equal Access to Justice
Summary: ORDER AWARDING ATTORNEY FEES PURSUANT TO THE EQUAL ACCESS TO JUSTICE ACT, 28 U.S.C. 2412(d) STEPHAN M. VIDMAR , Magistrate Judge . THIS MATTER is before the Court on the Stipulation of Award of Attorney Fees under the Equal Access to Justice Act, (Doc. # 28), filed December 20, 2017, in which the parties stipulate to awarding Plaintiff EAJA fees in the amount of $7,000.00. IT IS THEREFORE ORDERED that Plaintiff be awarded $7,000.00 in attorney fees pursuant to the Equal Access to Justice ..
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ORDER AWARDING ATTORNEY FEES PURSUANT TO THE EQUAL ACCESS TO JUSTICE ACT, 28 U.S.C. § 2412(d)
STEPHAN M. VIDMAR, Magistrate Judge.
THIS MATTER is before the Court on the Stipulation of Award of Attorney Fees under the Equal Access to Justice Act, (Doc. # 28), filed December 20, 2017, in which the parties stipulate to awarding Plaintiff EAJA fees in the amount of $7,000.00.
IT IS THEREFORE ORDERED that Plaintiff be awarded $7,000.00 in attorney fees pursuant to the Equal Access to Justice Act, 28 U.S.C. § 2412(d). See Astrue v. Ratliff, 560 U.S. 586, 591-93 (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), Section 206(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
