Fernandez v. Saul, 18-00633 KRS. (2020)
Court: District Court, D. New Mexico
Number: infdco20200121h09
Visitors: 23
Filed: Jan. 17, 2020
Latest Update: Jan. 17, 2020
Summary: ORDER GRANTING STIPULATION TO AWARD OF ATTORNEY FEES UNDER THE EQUAL ACCESS TO JUSTICE ACT KEVIN R. SWEAZEA , Magistrate Judge . The Court, having reviewed the parties' Stipulation of Award of Attorney Fees under the Equal Access to Justice Act ("EAJA"), 28 U.S.C. 2412 (Doc. 30), HEREBY ORDERS that attorney fees be, and hereby are, awarded under the EAJA, payable to Plaintiff but mailed to her attorney in the amount of $6179.00. See Astrue v. Ratliff, 560 U.S. 586 (2010) (EAJA fees a
Summary: ORDER GRANTING STIPULATION TO AWARD OF ATTORNEY FEES UNDER THE EQUAL ACCESS TO JUSTICE ACT KEVIN R. SWEAZEA , Magistrate Judge . The Court, having reviewed the parties' Stipulation of Award of Attorney Fees under the Equal Access to Justice Act ("EAJA"), 28 U.S.C. 2412 (Doc. 30), HEREBY ORDERS that attorney fees be, and hereby are, awarded under the EAJA, payable to Plaintiff but mailed to her attorney in the amount of $6179.00. See Astrue v. Ratliff, 560 U.S. 586 (2010) (EAJA fees ar..
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ORDER GRANTING STIPULATION TO AWARD OF ATTORNEY FEES UNDER THE EQUAL ACCESS TO JUSTICE ACT
KEVIN R. SWEAZEA, Magistrate Judge.
The Court, having reviewed the parties' Stipulation of Award of Attorney Fees under the Equal Access to Justice Act ("EAJA"), 28 U.S.C. § 2412 (Doc. 30), HEREBY ORDERS that attorney fees be, and hereby are, awarded under the EAJA, payable to Plaintiff but mailed to her attorney in the amount of $6179.00. See Astrue v. Ratliff, 560 U.S. 586 (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) 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
