Silva v. Social Security Administration, CIV 16-0956KBM. (2017)
Court: District Court, D. New Mexico
Number: infdco20171207d21
Visitors: 9
Filed: Dec. 06, 2017
Latest Update: Dec. 06, 2017
Summary: ORDER FOR THE AWARD OF ATTORNEY FEES PURSUANT TO THE EQUAL ACCESS TO JUSTICE ACT, 28 U.S.C. 2412(D) KAREN B. MOLZEN , Chief Magistrate Judge . THIS MATTER is before the Court on the Stipulated Motion for Attorney Fees Pursuant to the Equal Access to Justice Act filed on December 6, 2017. [Doc. 26]. The parties have stipulated to EAJA fees in the amount of $7,500.00 for work performed in 2016 and 2017. The Court being otherwise fully advised in the premises, finds that the motion is well-
Summary: ORDER FOR THE AWARD OF ATTORNEY FEES PURSUANT TO THE EQUAL ACCESS TO JUSTICE ACT, 28 U.S.C. 2412(D) KAREN B. MOLZEN , Chief Magistrate Judge . THIS MATTER is before the Court on the Stipulated Motion for Attorney Fees Pursuant to the Equal Access to Justice Act filed on December 6, 2017. [Doc. 26]. The parties have stipulated to EAJA fees in the amount of $7,500.00 for work performed in 2016 and 2017. The Court being otherwise fully advised in the premises, finds that the motion is well-t..
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ORDER FOR THE AWARD OF ATTORNEY FEES PURSUANT TO THE EQUAL ACCESS TO JUSTICE ACT, 28 U.S.C. § 2412(D)
KAREN B. MOLZEN, Chief Magistrate Judge.
THIS MATTER is before the Court on the Stipulated Motion for Attorney Fees Pursuant to the Equal Access to Justice Act filed on December 6, 2017. [Doc. 26]. The parties have stipulated to EAJA fees in the amount of $7,500.00 for work performed in 2016 and 2017. The Court being otherwise fully advised in the premises, finds that the motion is well-taken and will be granted.
Wherefore,
IT IS HEREBY ORDERED that the motion is granted, and Plaintiff is awarded $7,500.00 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) 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
