Calderon v. Berryhill, 1:18-cv-00230-SMV. (2018)
Court: District Court, D. New Mexico
Number: infdco20181012d51
Visitors: 5
Filed: Oct. 11, 2018
Latest Update: Oct. 11, 2018
Summary: STIPULATED ORDER GRANTING MOTION FOR ATTORNEYS FEES AND COSTS STEPHAN M. VIDMAR , Magistrate Judge . THIS MATTER is before the Court on the Stipulation of Award of Attorney Fees under the Equal Access to Justice Act, (Doc. 23), filed 10/11/`, in which the parties stipulate to awarding Plaintiff EAJA fees in the amount of $5,300. IT IS THEREFORE ORDERED that Plaintiff be awarded $5,300 in attorney fees pursuant to the Equal Access to Justice Act, 28 U.S.C. 2412(d). See Astrue v. Ratliff
Summary: STIPULATED ORDER GRANTING MOTION FOR ATTORNEYS FEES AND COSTS STEPHAN M. VIDMAR , Magistrate Judge . THIS MATTER is before the Court on the Stipulation of Award of Attorney Fees under the Equal Access to Justice Act, (Doc. 23), filed 10/11/`, in which the parties stipulate to awarding Plaintiff EAJA fees in the amount of $5,300. IT IS THEREFORE ORDERED that Plaintiff be awarded $5,300 in attorney fees pursuant to the Equal Access to Justice Act, 28 U.S.C. 2412(d). See Astrue v. Ratliff ..
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STIPULATED ORDER GRANTING MOTION FOR ATTORNEYS FEES AND COSTS
STEPHAN M. VIDMAR, Magistrate Judge.
THIS MATTER is before the Court on the Stipulation of Award of Attorney Fees under the Equal Access to Justice Act, (Doc. 23), filed 10/11/`, in which the parties stipulate to awarding Plaintiff EAJA fees in the amount of $5,300.
IT IS THEREFORE ORDERED that Plaintiff be awarded $5,300 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), 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).
Source: Leagle
