Meese v. Berryhill, 2:17-cv-00140-KRS. (2018)
Court: District Court, D. New Mexico
Number: infdco20181004h68
Visitors: 10
Filed: Oct. 03, 2018
Latest Update: Oct. 03, 2018
Summary: ORDER GRANTING MOTION FOR ATTORNEY FEES AND COSTS UNDER EQUAL ACCESS TO JUSTICE ACT (EAJA) KEVIN R. SWEAZEA , Magistrate Judge . THIS MATTER having come before the Court upon Plaintiff's Unopposed Motion for Attorney Fees Under Equal Access to Justice Act (Doc. #29) 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 in care of his
Summary: ORDER GRANTING MOTION FOR ATTORNEY FEES AND COSTS UNDER EQUAL ACCESS TO JUSTICE ACT (EAJA) KEVIN R. SWEAZEA , Magistrate Judge . THIS MATTER having come before the Court upon Plaintiff's Unopposed Motion for Attorney Fees Under Equal Access to Justice Act (Doc. #29) 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 in care of his a..
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ORDER GRANTING MOTION FOR ATTORNEY FEES AND COSTS UNDER EQUAL ACCESS TO JUSTICE ACT (EAJA)
KEVIN R. SWEAZEA, Magistrate Judge.
THIS MATTER having come before the Court upon Plaintiff's Unopposed Motion for Attorney Fees Under Equal Access to Justice Act (Doc. #29) 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 in care of his attorney in the amount of $1,697.40. See Astrue v. Ratliff, 560 U.S. 586, 598 (2010) (EAJA fees are paid to the prevailing party, not the attorney). Payment of this amount shall constitute a complete release from and bar to any and all claims Plaintiff may have relating to EAJA fees in connection with this action. This EAJA award is without prejudice to Plaintiff's attorney's right to seek attorney fees pursuant to 42 U.S.C. § 406(b), subject to the offset provisions of the EAJA. See 28 U.S.C. § 2412(c)(1) (2006).
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
