Benavides v. Berryhill, 18-25KRS. (2018)
Court: District Court, D. New Mexico
Number: infdco20181119b56
Visitors: 21
Filed: Nov. 16, 2018
Latest Update: Nov. 16, 2018
Summary: ORDER FOR THE AWARD OF ATTORNEY FEES PURSUANT TO THE EQUAL ACCESS TO JUSTICE ACT, 28 U.S.C. 2412(D) KEVIN R. SWEAZEA , 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 November 14, 2018. [Doc. 24]. The parties have stipulated to EAJA fees in the amount of $7,095.30 for work performed in 2018. The Court being otherwise fully advised in the premises, FINDS that the motion is well-taken and
Summary: ORDER FOR THE AWARD OF ATTORNEY FEES PURSUANT TO THE EQUAL ACCESS TO JUSTICE ACT, 28 U.S.C. 2412(D) KEVIN R. SWEAZEA , 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 November 14, 2018. [Doc. 24]. The parties have stipulated to EAJA fees in the amount of $7,095.30 for work performed in 2018. The Court being otherwise fully advised in the premises, FINDS that the motion is well-taken and w..
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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)
KEVIN R. SWEAZEA, 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 November 14, 2018. [Doc. 24]. The parties have stipulated to EAJA fees in the amount of $7,095.30 for work performed in 2018. The Court being otherwise fully advised in the premises, FINDS that the motion is well-taken and will be GRANTED.
IT IS THEREFORE ORDERED THAT the motion is GRANTED, and Plaintiff is awarded $7,095.30 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).
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. The parties further agree that the EAJA award is without prejudice to Plaintiff's attorney's right to seek attorney fees pursuant to Social Security Act § 206(b), 42 U.S.C. § 406(b), subject to the offset provisions of the EAJA. 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).
IT IS SO ORDERED.
Source: Leagle
