Huddleston v. Social Security Administration

Filing 23

OPINION AND ORDER by Magistrate Judge Steven P. Shreder granting 21 Motion for Attorney Fees (dma, Deputy Clerk)

IN THE UNITED STATES DISTRICT COURT FOR THE
EASTERN DISTRICT OF OKLAHOMA
DENISE E. HUDDLESTON,
Plaintiff,
v.
CAROLYN W. COLVIN,
Acting Commissioner of the Social
Security Administration,1
Defendant.

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Case No. CIV-13-119-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 $3,293.00 under the
Equal Access to Justice Act, 28 U.S.C. § 2412(d). The Commissioner indicates that she
has no objection 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 . . . fees and other expenses . . .
incurred by that party in any civil action [.]”). See also Manning v. Astrue, 510 F.3d

1

On February 14, 2013, Carolyn 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.

1246, 1249-50 (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 for Attorney Fees
Pursuant to the Equal Access to Justice Act [Docket No. 21] 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).
IT IS SO ORDERED this 10th day of February, 2014.

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