Elliott v. Social Security Administration
OPINION AND ORDER by Magistrate Judge Steven P. Shreder granting 23 Motion for Attorney Fees (dma, Deputy Clerk)
IN THE UNITED STATES DISTRICT COURT FOR THE
EASTERN DISTRICT OF OKLAHOMA
DELPHIA K. ELLIOTT,
MICHAEL J. ASTRUE,
Commissioner of the Social
Case No. CIV-11-93-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 $5,586.60 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 $5,586.60 to the Plaintiff.
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 Award of Attorney’s Fees Pursuant to the
Equal Access to Justice Act 28 U.S.C. §2412 [Docket No. 23] is hereby GRANTED, and
the Commissioner is hereby ordered to pay attorneys’ fees in the amount of $5,586.60 to
the Plaintiff as the prevailing party herein.
IT IS SO ORDERED this 17th day of October, 2012.
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