Case Name in Social Security Case - Unavailable

IN THE UNITED STATES DISTRICT COURT
FOR THE DISTRICT OF NEW MEXICO
SEBASTIAN G. B.,
Plaintiff,
vs. 	CIV NO. 1:25-cv-01305-KRS
FRANK BISIGNANO,
Commissioner of Social Security Administration,
Defendant.
ORDER GRANTING STIPULATED MOTION FOR AWARD OF
ATTORNEY FEES UNDER THE EQUAL ACCESS TO JUSTICE ACT
The Court, having reviewed Plaintiff Sebastian G. B.’s (“Plaintiff”) and Defendant Frank
Bisignano’s Stipulated Motion for Award of Attorney Fees under the Equal Access to Justice Act
(“EAJA”), 28 U.S.C. § 2412 (Doc. 11), HEREBY ORDERS that:
1. 	Attorney fees are awarded under the EAJA, payable to Plaintiff but mailed to
Plaintiff’s attorney in the amount of $1,754.98 in attorney fees. See Astrue v. Ratliff, 560 U.S. 586
(2010) (EAJA fees are paid to the prevailing party, not the attorney);
2. 	Plaintiff shall also be awarded the $405.00 filing fee payable to the Plaintiff’s
attorney, which is to be paid from the Department of Justice’s Judgment Fund, 28 U.S.C. § 2412,
not agency funds; and
3. 	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).
IT IS SO ORDERED.
Case 1:25-cv-01305-KRS Document 12 Filed 05/20/26 Page 1 of 2

2
HONORABLE KEVIN R. SWEAZEA
UNITED STATES MAGISTRATE JUDGE
Case 1:25-cv-01305-KRS Document 12 Filed 05/20/26 Page 2 of 2