Casas v. Soc. Sec. Admin. (D.N.M. 2021).
Casas v. Soc. Sec. Admin. (D.N.M. 2021). Book View Copy Cite
Casas
v.
Social Security Administration
1:19-cv-01154.
District Court, D. New Mexico.
Apr 29, 2021.
Unknown

IN THE UNITED STATES DISTRICT COURT FOR THE DISTRICT OF NEW MEXICO ELIZABETH CASAS, Plaintiff, vs. Civ. No. 19-01154 KRS ANDREW SAUL, Commissioner of the Social Security Administration, Defendant. ORDER GRANTING UNOPPOSED MOTION FOR ATTORNEY FEES PURSUANT TO THE EQUAL ACCESS TO JUSTICE ACT The Court, having reviewed the parties’ Unopposed Motion for Attorney Fees Pursuant to the Equal Access to Justice Act (“EAJA”), 28 U.S.C. § 2412 (Doc. 23), HEREBY ORDERS that attorney fees be, and hereby are, awarded under the EAJA, payable to Plaintiff but mailed to Plaintiff’s attorney in the amount of $6,558.30 in attorney fees and $400.00 in filing fees. See Astrue v. Ratliff, 560 U.S. 586 (2010) (EAJA fees are paid to the prevailing party, not the attorney). The filing fee is payable from the Judgment Fund administered by the U.S. Department of the Treasury. IT IS FURTHER ORDERED THAT, if Plaintiffs 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).

KEVINR.SWEAZEA —ws UNITED STATES MAGISTRATE JUDGE

SUBMITTED AND APPROVED BY: Filed Electronically 4/9/21 Laura J. Johnson Attorney for Plaintiff Michael Armstrong Law Office, LLC

Electronically Approved 4/9/21 Laura Holland Assistant Regional Counsel Office of the General Counsel Social Security Administration, Region VIII