Opinion
Civ. 2:24-cv-00199-KRS
08-26-2024
CHRISTY VARELA, Plaintiff, v. MARTIN O'MALLEY, Commissioner of Social Security, Defendant.
ORDER GRANTING JOINT MOTION FOR ATTORNEY FEES PURSUANT TO THE EQUAL ACCESS TO JUSTICE ACT
HONORABLE KEVIN R. SWEAZEA UNITED STATES MAGISTRATE JUDGE
The Court, having reviewed the Joint Motion for Attorney Fees under the Equal Access to Justice Act (“EAJA”), 28 U.S.C. § 2412 (Doc. 17), HEREBY ORDERS that:
1. Attorney fees are awarded under the EAJA, payable to Plaintiff but mailed to Plaintiff's attorney in the amount of $840.00 in attorney fees. See Astrue v. Ratliff, 560 U.S. 586 (2010) (EAJA fees are paid to the prevailing party, not the attorney);
2. 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); and
3. Plaintiff's previously filed motion for the EAJA fees (Doc. 16) is DENIED as moot.
IT IS SO ORDERED.