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Saavedra v. O'Malley

United States District Court, District of New Mexico
Aug 22, 2024
Civ. 2:23-01110-KG-GJF (D.N.M. Aug. 22, 2024)

Opinion

Civ. 2:23-01110-KG-GJF

08-22-2024

CINDY SAAVEDRA, Plaintiff, v. MARTIN O'MALLEY, Commissioner of Social Security, Defendant.

MICHELLE C. VERDIS Special Assistant United States Attorney Attorney for Defendant DAVID F. CHERMOL, ESQ. Attorney for Plaintiff


MICHELLE C. VERDIS Special Assistant United States Attorney Attorney for Defendant

DAVID F. CHERMOL, ESQ. Attorney for Plaintiff

Plaintiff's counsel provided consent to Defendant's counsel to add his electronic signature to this proposed order.

ORDER

Upon consideration of the Stipulated Motion for Award of Attorney Fees Under the Equal Access to Justice Act (EAJA), 28 U.S.C. § 2412, the Court finds the Motion (Doc. 26) should be GRANTED.

IT IS THEREFORE ORDERED that Plaintiff is awarded attorney fees in the amount of $7,900.00 under the Equal Access to Justice Act, 28 U.S.C. § 2412, made payable to Plaintiff as the prevailing party herein.

IT IS FURTHER ORDERED THAT, if Plaintiff's counsel is subsequently awarded any fees pursuant to 42 U.S.C. § 406(b), he must refund the smaller award to Plaintiff pursuant to Weakley v. Bowen, 803 F.2d 575, 580 (10th Cir. 1986).


Summaries of

Saavedra v. O'Malley

United States District Court, District of New Mexico
Aug 22, 2024
Civ. 2:23-01110-KG-GJF (D.N.M. Aug. 22, 2024)
Case details for

Saavedra v. O'Malley

Case Details

Full title:CINDY SAAVEDRA, Plaintiff, v. MARTIN O'MALLEY, Commissioner of Social…

Court:United States District Court, District of New Mexico

Date published: Aug 22, 2024

Citations

Civ. 2:23-01110-KG-GJF (D.N.M. Aug. 22, 2024)