ORDER AWARDING ATTORNEY FEES PURSUANT TO THE EQUAL ACCESS TO JUSTICE ACT, 28 U.S.C. § 2412(d)

CARMEN E. GARZA, Magistrate Judge.

THIS MATTER is before the Court on Plaintiff's Motion for Attorney Fees and Costs Pursuant to the Equal Access to Justice Act, With Memorandum in Support, (Doc. 26), filed February 12, 2018, in which Plaintiff requests an award of attorney fees in the amount of $7,345.96, and costs in the amount of $400.00. On February 26, 2018, the Commissioner filed a Stipulation for Award of Attorney Fees Pursuant to the Equal Access to Justice Act, 28 U.S.C. § 2412, (Doc. 27), stating that the parties have agreed to an award of $6,500.00 in attorney fees. Having considered the motion, the stipulation, and the relevant law, the Court finds that Plaintiff's motion should be GRANTED in part.

IT IS THEREFORE ORDERED that Plaintiff's Motion for Attorney Fees and Costs Pursuant to the Equal Access to Justice Act, With Memorandum in Support, (Doc. 26), be GRANTED in part, and that Plaintiff be awarded $6,500.00 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) (providing 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).

IT IS SO ORDERED.