Ricks v. Social Security Administration ( 2023 )

IN THE UNITED STATES DISTRICT COURT FOR THE DISTRICT OF NEW MEXICO STACCATO O. RICKS, Plaintiff, vs. CIV. NO. 1:21-cv-00942-JHR KILOLO KIJAKAZI, Acting Commissioner of Social Security, Defendant. ORDER Upon consideration of Defendant’s Stipulated Motion for Award of Attorney Fees Under the Equal Access to Justice Act (EAJA) (ECF No. 29), the Court hereby awards Plaintiff $7,247.55 in attorney fees under the EAJA, 28 U.S.C. § 2412. The EAJA fees will be paid to Plaintiff but delivered to Plaintiff’s attorney. See Astrue v. Ratliff, 560 U.S. 586, 595-98 (2010); Manning v. Astrue, 510 F.3d 1246, 1255 (10th Cir. 2007), cert. denied, 129 S. Ct. 486 (2008); Brown v. Astrue, 271 F. App’x 741, 743-44 (10th Cir. 2008) (unpublished). It is further ordered that, if Plaintiff’s counsel ultimately receives an award of attorney fees pursuant to 42 U.S.C. § 406(b), said attorney must refund the smaller award to Plaintiff pursuant to Weakley v. Bowen, 803 F.2d 575, 580 (10th Cir. 1986). IT IS SO ORDERED. gh gy, cee Co é KD KES at JERRY H.RITTER United States Magistrate Judge Presiding by Consent SUBMITTED AND APPROVED BY: Electronically submitted 6/26/23 JENNIFER RANDALL Special Assistant United States Attorney Electronically approved 6/26/23 MATTHEW R. MCGARRY Attorney for Plaintiff