Tucker v. Social Security Administration
Filing
24
OPINION AND ORDER by Magistrate Judge Steven P. Shreder granting 22 Motion for Attorney Fees (dma, Deputy Clerk)
IN THE UNITED STATES DISTRICT COURT
FOR THE EASTERN DISTRICT OF OKLAHOMA
RANDAL L. TUCKER,
Plaintiff,
v.
MICHAEL J. ASTRUE,
Commissioner of the Social
Security Administration,
Defendant.
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) Case No. CIV-10-304-SPS
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OPINION AND ORDER AWARDING
ATTORNEY’S FEES TO THE PLAINTIFF UNDER THE EAJA
Plaintiff Randal L. Tucker was the prevailing party in this action under the Social
Security Act. Plaintiff seeks an award of attorney’s fees in the amount of $7,633.40 and
an award of costs in the amount of $367.13, pursuant to the Equal Access to Justice Act,
28 U.S.C. § 2412(d). The Commissioner does not object to the fee award.
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 other than the United States fees and
other expenses, in addition to any costs awarded pursuant to subsection (a), incurred by
that party in any civil action (other than cases sounding in tort)[.]”); see also Manning v.
Astrue, 510 F.3d 1246, 1251 (10th Cir. 2007) (“The EAJA therefore permits attorney’s
fees reimbursement to financially eligible prevailing parties, who make a proper
application, and not to their attorneys.”).
Accordingly, IT IS ORDERED that the Plaintiff’s Application for Award of
Attorney’s Fees Pursuant to the Equal Access to Justice Act 28 U.S.C. § 2412 [Docket
No. 22] is hereby GRANTED and that the Government is hereby ordered to pay the
above-referenced amount to the Plaintiff as the prevailing party herein. IT IS FURTHER
ORDERED that if the Plaintiff’s attorney is subsequently awarded any fees pursuant to
42 U.S.C. § 406(b)(1), said attorney shall refund the smaller amount of such fees to the
Plaintiff pursuant to Weakley v. Bowen, 803 F.2d 575, 580 (10th Cir. 1986).
DATED this 30th day of April, 2012.
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