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).