Leyba v. Social Security Administration ( 2021 )

IN THE UNITED STATES DISTRICT COURT FOR THE DISTRICT OF NEW MEXICO JOHNNY FRANCISCO LEYBA, Plaintiff, V. No. CV 20-145 CG ANDREW SAUL, Commissioner of the Social Security Administration, Defendant. ORDER GRANTING UNOPPOSED MOTION TO AWARD ATTORNEY FEES UNDER THE EQUAL ACCESS TO JUSTICE ACT THIS MATTER is before the Court on Plaintiff's Unopposed Motion for EAJA Fees (the “Unopposed Motion”), (Doc. 29), filed January 6, 2021. The Court, having reviewed the Unopposed Motion under the Equal Access to Justice Act (“EAJA”), 28 U.S.C. § 2412, finds the Unopposed Motion is well-taken and shall be granted. IT IS THEREFORE ORDERED that Plaintiff be awarded $4,346.00 in attorney fees pursuant to EAJA, 28 U.S.C. § 2412, made payable to Plaintiff but mailed to Plaintiff's attorney. 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). IT 1S SO ORDERED. > A THE HONORABLE CARMEN E. GARZA CHIEF UNITED STATES MAGISTRATE JUDGE