Hopper v. Social Security Administration
Filing
28
OPINION AND ORDER by Magistrate Judge Steven P. Shreder granting 25 Motion for Attorney Fees (dma, Deputy Clerk)
IN THE UNITED STATES DISTRICT COURT FOR THE
EASTERN DISTRICT OF OKLAHOMA
MICHAEL C. HOPPER,
Plaintiff,
v.
MICHAEL J. ASTRUE,
Commissioner of the Social
Security Administration,
Defendant.
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Case No. CIV-09-263-SPS
OPINION AND ORDER AWARDING
ATTORNEYS’ FEES TO THE PLAINTIFF UNDER THE EAJA
The Plaintiff was the prevailing party in this appeal of the Commissioner of the
Social Security Administration’s decision denying benefits under the Social Security Act.
The Plaintiff seeks an award of attorneys’ fees in the amount of $4,808.10 and costs in
the amount of $350.00 under the Equal Access to Justice Act, 28 U.S.C. § 2412. The
Commissioner indicates that he has no objection to an award of attorneys’ fee in the
amount of $4,808.10 and costs in the amount of $350.00 to the Plaintiff, but does object
insofar as the request that the award be paid to Plaintiff’s attorney.
Upon review of the record herein, the Court finds that said amount is reasonable
and that the Commissioner should be ordered to pay it to the Plaintiff as the prevailing
party herein. See 28 U.S.C. § 2412(d)(1)(A) (“Except as otherwise specifically provided
by statute, a court shall award to a prevailing party . . . fees and other expenses . . .
incurred by that party in any civil action [.]”). See also Astrue v. Ratliff, __ U.S. __, 130
S. Ct. 2521 (2010); Manning v. Astrue, 510 F.3d 1246, 1249-50 (10th Cir. 2007), cert.
denied, __ U.S. __, 129 S. Ct. 486, 172 L. Ed. 2d 355 (2008).
Accordingly, Plaintiff’s Application for an Award of Attorneys’ Fees Under the
Equal Access to Justice Act and Motion for Award of Court Costs [Docket No. 25] is
hereby GRANTED, and the Commissioner is hereby ordered to pay attorneys’ fees in the
amount of $4,808.10 and costs in the amount of $350.00 to the Plaintiff as the prevailing
party herein.
IT IS SO ORDERED this 15th day of April, 2011.
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