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Meyalli A. v. O'Malley

United States District Court, District of New Mexico
Dec 5, 2024
Civ. 24-483 GBW (D.N.M. Dec. 5, 2024)

Opinion

Civ. 24-483 GBW

12-05-2024

MEYALLI A., Plaintiff, v. MARTIN O'MALLEY, Commissioner of the Social Security Administration, Defendant.


ORDER GRANTING UNOPPOSED MOTION FOR ATTORNEY FEES PURSUANT TO THE EQUAL ACCESS TO JUSTICE ACT

GREGORY B. WORMUTH, CHIEF UNITED STATES MAGISTRATE JUDGE.

THIS MATTER comes before the Court on Plaintiff's Unopposed Motion for Attorney Fees Pursuant to the Equal Access to Justice Act with Memorandum in Support. Doc. 15. The parties have stipulated to an award of $5,796.70 in attorney fees and $0.00 in costs pursuant to the Equal Access to Justice Act, 28 U.S.C. § 2412 (“EAJA”).

IT IS HEREBY ORDERED that Plaintiff is awarded $5,796.70 in attorney fees and $0.00 in costs under the EAJA. The EAJA fees will be paid to Plaintiff but delivered to Plaintiff's attorney. See Astrue v. Ratliff. 560 U.S. 586, 595-98 (2010); Manning v. Astrue, 510 F.3d 1246, 1255 (10th Cir. 2007); Brown v. Astrue, 271 Fed.Appx. 741, 743-44 (10th Cir. 2008) (unpublished).

IT IS FURTHER ORDERED that, if Plaintiff's attorney ultimately receives an award of attorney fees pursuant to 42 U.S.C. § 406(b), said attorney must refund the smaller award to Plaintiff pursuant to Weakley v. Bowen, 803 F.2d 575, 580 (10th Cir. 1986).


Summaries of

Meyalli A. v. O'Malley

United States District Court, District of New Mexico
Dec 5, 2024
Civ. 24-483 GBW (D.N.M. Dec. 5, 2024)
Case details for

Meyalli A. v. O'Malley

Case Details

Full title:MEYALLI A., Plaintiff, v. MARTIN O'MALLEY, Commissioner of the Social…

Court:United States District Court, District of New Mexico

Date published: Dec 5, 2024

Citations

Civ. 24-483 GBW (D.N.M. Dec. 5, 2024)