Filed: Jan. 02, 2019
Latest Update: Jan. 02, 2019
Summary: 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 the parties' Motion for Order Approving Stipulation of Award of Attorney Fees Under the Equal Access to Justice Act , (Doc. 26), filed December 21, 2018, in which the parties state they have agreed to an award of $5,500.00 in attorney fees. IT IS THEREFORE ORDERED that Plaintiff be awarded $5,500.00 in attorney fees pursua
Summary: 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 the parties' Motion for Order Approving Stipulation of Award of Attorney Fees Under the Equal Access to Justice Act , (Doc. 26), filed December 21, 2018, in which the parties state they have agreed to an award of $5,500.00 in attorney fees. IT IS THEREFORE ORDERED that Plaintiff be awarded $5,500.00 in attorney fees pursuan..
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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 the parties' Motion for Order Approving Stipulation of Award of Attorney Fees Under the Equal Access to Justice Act, (Doc. 26), filed December 21, 2018, in which the parties state they have agreed to an award of $5,500.00 in attorney fees.
IT IS THEREFORE ORDERED that Plaintiff be awarded $5,500.00 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.
