Case Name in Social Security Case - Unavailable

IN THE UNITED STATES DISTRICT COURT
FOR THE DISTRICT OF NEW MEXICO
MATTHEW P. M.,
Plaintiff,
vs. 	CIV NO. 1:25-cv-00232-KRS
FRANK BISIGNANO,
Acting Commissioner of Social Security,
Defendant.
ORDER GRANTING STIPULATED MOTION FOR AWARD OF
ATTORNEY FEES UNDER THE EQUAL ACCESS TO JUSTICE ACT
The Court, having reviewed Plaintiff’s Stipulated Motion for Award of Attorney Fees
under the Equal Access to Justice Act (“EAJA”) (the “Motion”), (Doc. 23), HEREBY ORDERS
that attorney fees be, and hereby are, awarded under the EAJA, payable to Plaintiff but mailed to
Plaintiff’s attorney in the amount of $3,682.95 in attorney fees. 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, 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).
The award is subject to the offset provisions of the EAJA. See 28 U.S.C. § 2412(c)(1) (2006).
_____________________________________
THE HONORABLE KEVIN R. SWEAZEA
UNITED STATES MAGISTRATE JUDGE
Case 1:25-cv-00232-KRS Document 24 Filed 12/09/25 Page 1 of 1