Summary
The United States District Court for the District of New Mexico granted the stipulated motion for attorney fees under the Equal Access to Justice Act. The court awarded Plaintiff Tammy L. Garding $2,788.60 in fees and expenses and required any smaller fee award under 42 U.S.C. § 406(b) to be refunded to the plaintiff.
Court
United States District Court for the District of New Mexico
Jurisdiction
United States District Court for the District of New Mexico
Decision date
January 15, 2026
Docket number
1:25-cv-00749-SCY
Disposition
other
Questions Presented
- Whether Plaintiff was entitled to an award of attorney fees and expenses under the Equal Access to Justice Act.
- Whether any later award of attorney fees under 42 U.S.C. § 406(b) would require counsel to refund the smaller fee award to Plaintiff.
Holdings
- The stipulated motion for an award of attorney fees under the Equal Access to Justice Act should be granted, and Plaintiff is entitled to $2,788.60 in attorney fees and expenses.
- If Plaintiff's counsel is subsequently awarded fees under 42 U.S.C. § 406(b), counsel must refund the smaller award to Plaintiff.
Court Document
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