Maurino v. Social Security Administration ( 2022 )

IN THE UNITED STATES DISTRICT COURT FOR THE DISTRICT OF NEW MEXICO ERNEST ROSS MAURINO, JR, Plaintiff, VS. Civ. No. 21-00311 SMV KILOLO KIJAKAZI,! Acting 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. 29), 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 $7,039.60 in attorney fees. 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 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). — Hep STEPHAN M. VIDMAR UNITED STATES MAGISTRATE JUDGE Presiding by Consent Kilolo Kijakazi was appointed Acting Commissioner of the Social Security Administration on July 9, 2021. SUBMITTED AND APPROVED BY: Filed Electronically 4/15/2022 Laura J. Johnson Attorney for Plaintiff Michael Armstrong Law Office, LLC Electronically Approved 4/15/2022 David Blower Assistant Regional Counsel Office of the General Counsel Social Security Administration, Region VIII