Duarte v. Social Security Administration, 17-cv-0055 SMV. (2017)
Court: District Court, D. New Mexico
Number: infdco20171201c76
Filed: Nov. 30, 2017
Latest Update: Nov. 30, 2017
Summary: AGREED ORDER GRANTING MOTION FOR ATTORNEY FEES UNDER EQUAL ACCESS TO JUSTICE ACT (EAJA) STEPHAN M. VIDMAR , Magistrate Judge . THIS MATTER having come before the Court upon Plaintiff's Unopposed Motion for Attorney Fees Under Equal Access to Justice Act (Doc. # 23) the Court FINDS that the MOTION should be GRANTED. IT IS THEREFORE ORDERED that attorney fees be, and hereby are, awarded under the Equal Access to Justice Act, 28 U.S.C. 2412(d), payable to Plaintiff but mailed to his attorn
Summary: AGREED ORDER GRANTING MOTION FOR ATTORNEY FEES UNDER EQUAL ACCESS TO JUSTICE ACT (EAJA) STEPHAN M. VIDMAR , Magistrate Judge . THIS MATTER having come before the Court upon Plaintiff's Unopposed Motion for Attorney Fees Under Equal Access to Justice Act (Doc. # 23) the Court FINDS that the MOTION should be GRANTED. IT IS THEREFORE ORDERED that attorney fees be, and hereby are, awarded under the Equal Access to Justice Act, 28 U.S.C. 2412(d), payable to Plaintiff but mailed to his attorne..
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AGREED ORDER GRANTING MOTION FOR ATTORNEY FEES UNDER EQUAL ACCESS TO JUSTICE ACT (EAJA)
STEPHAN M. VIDMAR, Magistrate Judge.
THIS MATTER having come before the Court upon Plaintiff's Unopposed Motion for Attorney Fees Under Equal Access to Justice Act (Doc. # 23) the Court FINDS that the MOTION should be GRANTED.
IT IS THEREFORE ORDERED that attorney fees be, and hereby are, awarded under the Equal Access to Justice Act, 28 U.S.C. § 2412(d), payable to Plaintiff but mailed to his attorney in the amount of $3,145.80. See Astrue v. Ratliff, 130 U.S. 2521 (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
