Case Name in Social Security Case - Unavailable

IN THE UNITED STATES DISTRICT COURT
FOR THE DISTRICT OF NEW MEXICO
ALEASHA M. B.,
Plaintiff,
vs. 	CIV NO. 1:25-cv-00757-KRS
FRANK BISIGNANO,
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 the Stipulated Motion for Award of Attorney Fees under the
Equal Access to Justice Act (“EAJA”), 28 U.S.C. § 2412 (Doc. 13), HEREBY ORDERS that:
1. 	Attorney fees are awarded under the EAJA, payable to Plaintiff but mailed to
Plaintiff’s attorney in the amount of $800.00 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. 12) is DENIED as
moot.
IT IS SO ORDERED.
HONORABLE KEVIN R. SWEAZEA
UNITED STATES MAGISTRATE JUDGE
Case 1:25-cv-00757-KRS Document 14 Filed 01/05/26 Page 1 of 1