Opinion
No. CV 11-1100 WDS
02-06-2013
MARK MUCHMORE, Plaintiff, v. MICHAEL J. ASTRUE, Commissioner of Social Security, Defendant.
MARTONE LAW FIRM Gary J. Martone Feliz M. Martone Attorneys for Plaintiff
AGREED ORDER AWARDING ATTORNEY FEES AND COSTS UNDER EAJA
THIS MATTER having come before the Court upon Plaintiff's Motion for Attorney Fees and Costs Under Equal Access to Justice Act (Doc. No. 27), and Defendant having no objection to the Motion (Doc. No. 28), the Court FINDS that the Motion for Attorney Fees and Costs should be granted.
IT IS THEREFORE ORDERED that attorney fees be, and hereby are awarded in the amount of $2,611.90, and costs be, and hereby are, awarded in the amount of $350.00, under the Equal Access to Justice Act, 28 U.S.C. § 2412(d), payable to Plaintiff in the total amount of $2,961.90. See Astrue v. Ratliff, 130 U.S. 2521 (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).
____________________
W. Daniel Schneider
United States Magistrate Judge
SUBMITTED BY: ____________________
MARTONE LAW FIRM
Gary J. Martone
Feliz M. Martone
Attorneys for Plaintiff