Welter v. Social Security Administration
OPINION AND ORDER by Magistrate Judge Steven P. Shreder granting 20 Motion for Attorney Fees (dma, Deputy Clerk)
IN THE UNITED STATES DISTRICT COURT
FOR THE EASTERN DISTRICT OF OKLAHOMA
MICHAEL J. ASTRUE,
Commissioner of the Social
Case No. CIV-11-219-SPS
OPINION AND ORDER AWARDING
ATTORNEY’S FEES TO THE PLAINTIFF UNDER THE EAJA
Plaintiff Sharma Welter was the prevailing party in this action under the Social
Security Act. Plaintiff seeks an award of attorney’s fees in the amount of $4,489.70 and
costs in the amount of $350.00, 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 an Award of
Attorneys’ Fees Under the Equal Access to Justice Act and Motion for Award of Costs
[Docket No. 20] is hereby granted and that the Government is hereby ordered to pay the
above-referenced amounts to the Plaintiff as the prevailing party herein.
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 9th day of October, 2012.
Disclaimer: Justia Dockets & Filings provides public litigation records from the federal appellate and district courts. These filings and docket sheets should not be considered findings of fact or liability, nor do they necessarily reflect the view of Justia.
Why Is My Information Online?