Opinion
Civ. 21-00235 SMV
03-21-2022
ERNEST BENAVENTE,, Plaintiff, v. KILOLO KIJAKAZI, [1] Acting Commissioner of the Social Security Administration,, Defendant.
Laura J. Johnson Melissa Schuenemann
Laura J. Johnson
Melissa Schuenemann
ORDER GRANTING UNOPPOSED MOTION FOR ATTORNEY FEES PURSUANT TO THE EQUAL ACCESS TO JUSTICE ACT
STEPHAN M IDMAR, UNITED STATES MAGISTRATE JUDGE
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. 26), HEREBY ORDERS that attorney fees be, and hereby are, awarded under the EAJA, payable to Plaintiff but mailed to Plaintiffs attorney in the amount of $5,700.00 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 Plaintiff s 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).