Gonzales v. Social Security Administration ( 2020 )

IN THE UNITED STATES DISTRICT COURT FOR THE DISTRICT OF NEW MEXICO STEVEN G. GONZALES, Plaintiff, V. CV No. 19-434 CG ANDREW SAUL, Commissioner of the Social Security Administration, Defendant. ORDER GRANTING UNOPPOSED MOTION FOR ATTORNEY FEES PURSUANT TO THE EQUAL ACCESS TO JUSTICE ACT THIS MATTER is before the Court on Plaintiff's Unopposed Motion for Attorney Fees Pursuant to the Equal Access to Justice Act, with Memorandum in Support (the “Motion’), (Doc. 27), filed April 22, 2020. The Court, having reviewed the Motion and noting it is unopposed, finds the Motion is well-taken and shall be GRANTED. IT IS THEREFORE ORDERED that attorney fees are awarded under the Equal Access to Justice Act (“EAJA”), 28 U.S.C. § 2412(d), payable to Plaintiff but mailed to Plaintiff's attorney in the amount of $4,653.50. 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 IS SO ORDERED. (2M7ZS— THE HONORABLE CARMEN E. GARZA CHIEF UNITED STATES MAGISTRATE JUDGE