Garcia-Verdecia v. Social Security Administration ( 2022 )

IN THE UNITED STATES DISTRICT COURT FOR THE DISTRICT OF NEW MEXICO HERLI GARCIA-VERDECIA, Plaintiff, vs. CIV. NO. 1:20-01233-SMV KILOLO KIJAKAZI, Acting Commissioner of Social Security, Defendant. ORDER Upon consideration of the Stipulated Motion for Award of Attorney Fees Under the Equal Access to Justice Act (EAJA), 28 U.S.C. § 2412, the Court hereby awards Plaintiff $4,652.30 in attorney fees under the EAJA. IT IS SO ORDERED that the Stipulated Motion for Award of Attorney Fees Under the Equal Access to Justice Act (Dkt. No. 30) is hereby GRANTED. Plaintiff is awarded attorney fees in the amount of $4,652.30 as the prevailing party herein. If Plaintiffs counsel is subsequently awarded any fees pursuant to 42 U.S.C. §406(b), she must refund the smaller award to Plaintiff pursuant to Weakley v. Bowen, 803 F.2d 575, 580 (10th Cir. 1986). IT IS SO ORDERED this 21st day of January 2022. STEPHAN M. VIDMAR United States Magistrate Judge Presiding by Consent SUBMITTED AND APPROVED BY: Electronically submitted 1/21/2022 VICTORIA V. JOHNSON Special Assistant United States Attorney Attorney for Defendant Electronically approved 1/21/2022 AMBER L. DENGLER Attorney for Plaintiff