Richardson v. Social Security Administration

Filing 22

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
SHERRY ANN RICHARDSON,
Plaintiff,
v.
CAROLYN W. COLVIN,
Acting Commissioner of the Social
Security Administration,1
Defendant.

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Case No. CIV-12-390-SPS

OPINION AND ORDER AWARDING
ATTORNEY’S FEES TO THE PLAINTIFF UNDER THE EAJA
Plaintiff Sherry Ann Richardson was the prevailing party in this action under the
Social Security Act.

Plaintiff seeks an award of attorney’s fees in the amount of

$5,304.50 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.

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.

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 Motion and Brief in Support for
an Award of Attorney’s Fees Pursuant to the Equal Access to Justice Act 28 U.S.C.
§ 2412 [Docket No. 20] 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 2nd day of May, 2014.

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