SALAZAR v. COLVIN, CV 13-0414 KG/WPL. (2014)
Court: District Court, D. New Mexico
Number: infdco20140612d17
Visitors: 23
Filed: Jun. 11, 2014
Latest Update: Jun. 11, 2014
Summary: ORDER KENNETH J. GONZALES, District Judge. This matter is before the Court on Plaintiff's motion for an award of attorney fees under the Equal Access to Justice Act. (Doc. 27.) Defendant does not object to the motion. (Doc. 28.) Having reviewed the motion, the response, and the record, I find that an award of fees is appropriate and that the amount of fees requested is reasonable. IT IS THEREFORE ORDERED THAT the motion is GRANTED and Plaintiff is awarded $6,248.71 in attorney fees and $400.0
Summary: ORDER KENNETH J. GONZALES, District Judge. This matter is before the Court on Plaintiff's motion for an award of attorney fees under the Equal Access to Justice Act. (Doc. 27.) Defendant does not object to the motion. (Doc. 28.) Having reviewed the motion, the response, and the record, I find that an award of fees is appropriate and that the amount of fees requested is reasonable. IT IS THEREFORE ORDERED THAT the motion is GRANTED and Plaintiff is awarded $6,248.71 in attorney fees and $400.00..
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ORDER
KENNETH J. GONZALES, District Judge.
This matter is before the Court on Plaintiff's motion for an award of attorney fees under the Equal Access to Justice Act. (Doc. 27.) Defendant does not object to the motion. (Doc. 28.) Having reviewed the motion, the response, and the record, I find that an award of fees is appropriate and that the amount of fees requested is reasonable.
IT IS THEREFORE ORDERED THAT the motion is GRANTED and Plaintiff is awarded $6,248.71 in attorney fees and $400.00 in costs under 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) 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
