Medina v. Social Security Administration ( 2021 )

IN THE UNITED STATES DISTRICT COURT FOR THE DISTRICT OF NEW MEXICO JAMI LYNN MEDINA, Plaintiff, vs. Civ No. 1:19-1114 SMV KILOLO KIJAKAZI, Acting Commissioner of Social Security, Defendant. ORDER The Court, having reviewed the parties’ Stipulated Motion for Award of Attorney Fees Under the Equal Access to Justice Act (EAJA), 28 U.S.C. § 2412 (Doc. 33), HEREBY ORDERS that attorney fees be awarded under the EAJA, payable to Plaintiff in care of her attorney in the amount of $7,500.00. 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 this 5th day of August, 2021. STEPHANM.VIDMAR ss” UNITED STATES MAGISTRATE JUDGE SUBMITTED AND APPROVED BY: Filed Electronically 08/05/21 AMBER L. DENGLER Attorney for Plaintiff Electronically Approved 08/05/21 VICTORIA V. JOHNSON Special Assistant United States Attorney