Opinion
Civ. 21-00380 SMV
11-01-2022
ANDREA C. DOMINGUEZ, Plaintiff, v. KILOLO KIJAKAZI,[1] Acting Commissioner of the Social Security Administration, Defendant.
Laura J. Johnson Attorney for Plaintiff Armstrong Johnson Law, LLC Jessica Milano Special Assistant U.S. Attorney Office of Program Litigation - 6 Social Security Administration
Laura J. Johnson Attorney for Plaintiff Armstrong Johnson Law, LLC
Jessica Milano Special Assistant U.S. Attorney Office of Program Litigation - 6 Social Security Administration
ORDER GRANTING UNOPPOSED MOTION FOR ATTORNEY FEES PURSUANT TO THE EQUAL ACCESS TO JUSTICE ACT
STEPHAN M. VIDMAR 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. 35), HEREBY ORDERS that attorney fees be, and hereby are, awarded under the EAJA, payable to Plaintiff but mailed to Plaintiff's attorney in the amount of $8,500.00 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, Plaintiff's counsel shall refund the smaller award to Plaintiff pursuant to Weakley v. Bowen, 803 F.2d 575, 580 (10th Cir. 1986).
SUBMITTED AND APPROVED BY:
Filed Electronically 10/31/2022