Opinion
CV 20-936 CG
10-27-2021
KATHY OLIVAS, Plaintiff, v. KILOLO KIJAKAZI, [1]Commissioner of the Social Security Administration, Defendant.
ORDER GRANTING UNOPPOSED MOTION TO AWARD ATTORNEY FEES UNDER THE EQUAL ACCESS TO JUSTICE ACT
HONORABLE CARMEN E. GARZA CHIEF UNITED STATES MAGISTRATE JUDGE
THIS MATTER is before the Court on the parties' Stipulated Motion for Award of Attorney Fees Under the Equal Access to Justice Act (the “Unopposed Motion”), (Doc. 29), filed October 26, 2021. In the Unopposed Motion, the parties indicate that Ms. Olivas seeks attorney fees in the amount of $4,365.60, and that she “also seeks costs in the amount of $400.00, representing the Court filing fee, which is to be paid from the Department of Justice's Judgment Fund.” (Doc. 29 at 1). The Commissioner stipulates to the attorney fees and does not object to her seeking costs. Id. 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 $4,365.60 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 Plaintiff be awarded $400.00 in costs, representing the Court filing fee, to be paid from the Department of Justice's Judgment Fund. See 28 U.S.C. § 2412; Montoya v. Kijakazi, 1:19-cv-00271 JAP/LF, 2021 WL 3602427 (D.N.M. July 20, 2021) (finding plaintiff entitled to recoup the cost of filing).
IT IS FINALLY ORDERED that if Plaintiffs counsel receives attorney fees under both the EAJA and 42 U.S.C. § 406(b) of the Social Security Act, Plaintiffs 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