Rees 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
TIM M. REES,
Plaintiff,
v.
CAROLYN W. COLVIN,
Acting Commissioner of the Social
Security Administration,1
Defendant.

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Case No. CIV-11-399-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 $5,259.80 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’ fees in the amount of $5,259.80.
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 . . .

1

On February 14, 2013, Carolyn W. Colvin became the Acting Commissioner of Social
Security. In accordance with Fed. R. Civ. P. 25(d), Ms. Colvin is substituted for Michael J.
Astrue as the Defendant in this action.

incurred by that party in any civil action [.]”). See also Manning v. Astrue, 510 F.3d
1246, 1249-50 (10th Cir. 2007), cert. denied, 555 U.S. 993, 129 S. Ct. 486, 172 L. Ed. 2d
355 (2008).
Accordingly, Plaintiff’s Motion for Attorney Fees Pursuant to the Equal Access to
Justice Act [Docket No. 22] is hereby GRANTED, and the Commissioner is hereby
ordered to pay attorneys’ fees in the amount of $5,259.80 to the Plaintiff as the prevailing
party herein.
IT IS SO ORDERED this 25th day of June, 2013.

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