Bodine v. Social Security Administration

Filing 25

ORDER by Judge Frank H. Seay granting 23 Motion for Attorney Fees(trl, Chambers)

IN THE UNITED STATES DISTRICT COURT FOR THE
EASTERN DISTRICT OF OKLAHOMA
DAVID SHILOH BODINE,

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Plaintiff,
v.
MICHAEL J. ASTRUE,
Commissioner of Social
Security Administration,
Defendant.

No. CIV-10-142-FHS-KEW

ORDER
In this action under the Social Security Act, Plaintiff,
through

his

attorney,

has

moved

the

court

for

an

award

of

attorney's fees pursuant to the provisions of the Equal Access to
Justice Act (EAJA), 28 U.S.C. § 2412(d).

In its response, the

government states it has no objection to a reasonable fee award in
the amount of $6,505.40. The court has reviewed the record in this
case, including Plaintiff's motion for attorney's fees, and concurs
in

the

stipulation.

Consequently,

Plaintiff's

motion

for

attorney's fees is granted and the government is ordered to pay
Plaintiff's attorney's fees in the amount of $6,505.40.
This award is to be made payable to Plaintiff, not Plaintiff’s
counsel or jointly to Plaintiff and Plaintiff’s counsel, as 28
U.S.C. § 2412(d)(1)(A) provides for an award of attorney’s fees “to
a prevailing party.”

Astrue v. Ratliff, 130 S.Ct. 2521, 2525-29

(2010)(holding that section 2412(d)(1)(A) attorney’s fees award is
payable to the litigant and is subject to an offset where the
litigant has outstanding federal debts); Manning v. Astrue, 510
F.3d 1246, 1249-55 (10th Cir. 2007), cert. denied, 129 S.Ct. 486
(2008)(the plain language of the EAJA, its legislative history, and
case law dictate that an award of attorney’s fees under the EAJA
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belongs to, and is made payable to, the prevailing party).

Should

Plaintiff's counsel ultimately be awarded attorney's fees pursuant
to 42 U.S.C. § 406(b)(1), she should take the necessary steps to
assure compliance with the refund requirements as outlined in
Weakley v. Bowen, 803 F.2d 575, 580 (10th Cir. 1986), by refunding
the smaller of the EAJA award or the section 406(b)(1) award to
Plaintiff.
It is so ordered this 21st day of September, 2011.

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