Opinion
1:21-cv-00232-SMV
12-27-2022
YOLANDA M. CARRILLO, Plaintiff, v. KILOLO KIJAKAZI, Acting Commissioner of the Social Security Administration, Defendant.
Benjamin Eilers Decker Decker Law Office, LLC Attorneys for Plaintiff Yolanda M. Carrillo Victoria Johnson Special Assistant United States Attorney
Benjamin Eilers Decker Decker Law Office, LLC Attorneys for Plaintiff Yolanda M. Carrillo
Victoria Johnson Special Assistant United States Attorney
STIPULATED ORDER GRANTING PLAINTIFF'S UNOPPOSED MOTION FOR ATTORNEY FEES AND COSTS PURSUANT TO THE EQUAL ACCESS TO JUSTICE ACT
HON. STEPHAN M. VIDMAR, UNITED STATES MAGISTRATE JUDGE
THIS MATTER is before the Court on Plaintiff's unopposed Motion for Attorneys Fees and Costs Pursuant to the Equal Access to Justice Act filed on 12/27/2022 (Doc. 33), in which the parties stipulate to awarding Plaintiff attorney's fees and costs under the Equal Access to Justice Act in the amount of $7,000.00 and $0.00, respectively.
IT IS THEREFORE ORDERED that Plaintiff be awarded $7,000.00 in attorney fees and $0.00 in costs pursuant to the Equal Access to Justice Act, 28 U.S.C. § 2412(d). See Astrue v. Ratliff, 560 U.S. 586, 591-93 (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 EAJA and 42 U.S.C. § 406(b), Section 206(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).