Opinion
Case No. 6:18-cv-00359-RAW-KEW
06-11-2020
MELISSA BRINKER, Plaintiff, v. ANDREW SAUL, COMMISSIONER OF SOCIAL SECURITY, Defendant.
ORDER
Upon consideration of the Stipulated Motion for Award of Attorney Fees Under the Equal Access to Justice Act (EAJA), the Court hereby awards Plaintiff $4,500.00 in attorney fees under the EAJA, 28 U.S.C. § 2412.
IT IS SO ORDERED that the Stipulated Motion for Award of Attorney Fees (Docket #20) is hereby GRANTED. Plaintiff is awarded EAJA attorney fees in the amount of $4,500.00 as the prevailing party herein. In accordance with decisions from the United States Supreme Court and Tenth Circuit Court of Appeals, the award of attorney fees must be made payable to Plaintiff as the prevailing party. 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 denied, 129 S. Ct. 486 (2008); Brown v. Astrue, 271 F. App'x 741, 743-44 (10th Cir. 2008) (unpublished). If Plaintiff's counsel is subsequently awarded any fees pursuant to 42 U.S.C. § 406(b), he shall refund the lesser award to Plaintiff pursuant to Weakley v. Bowen, 803 F.3d 575, 580 (10th Cir. 1986).
IT IS SO ORDERED this 11th day of June, 2020.
/s/_________
RONALD A. WHITE
UNITED STATES DISTRICT JUDGE