Opinion
Civ. 1:23-00216-KRS
06-17-2024
MARIANNE ROCHELLE THOMPSON, Plaintiff, v. MARTIN O'MALLEY, Commissioner of Social Security, Defendant.
ORDER
KEVIN R. SWEAZEA UNITED STATES MAGISTRATE JUDGE.
The Court, having reviewed the parties' Stipulated Motion for Award of Attorney Fees Under the Equal Access to Justice Act (“EAJA”), 28 U.S.C. § 2412 (Doc. 29), HEREBY ORDERS that attorney fees are awarded under the EAJA, payable to Plaintiff but mailed to Plaintiff's attorney in the amount of $8,000.00. 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, Plaintiff is entitled to costs in the amount of $402, which is to be paid from the Department of Justice's Judgment Fund, 28 U.S.C. § 2412. See 28 U.S.C. § 2412(a)(1).
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).