Tarver v. Social Security Administration
Filing
28
OPINION AND ORDER Awarding Attorney's Fees to the Plaintiff Under the EAJA by Magistrate Judge Steven P. Shreder DENYING as moot 26 Motion for Attorney Fees by Wade Doug Tarver and GRANTING 24 Stipulated Motion for Award of Attorney Fees by Social Security Administration. (ndd, Deputy Clerk)
IN THE UNITED STATES DISTRICT COURT
FOR THE EASTERN DISTRICT OF OKLAHOMA
WADE DOUG TARVER,
Plaintiff,
v.
CAROLYN W. COLVIN,
Acting Commissioner of the Social
Security Administration,
Defendant.
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Case No. CIV-14-292-SPS
OPINION AND ORDER AWARDING
ATTORNEY’S FEES TO THE PLAINTIFF UNDER THE EAJA
Plaintiff Wade Doug Tarver was the prevailing party in this action under the
Social Security Act. Plaintiff originally sought an award of attorney’s fees in the amount
of $6,327.00, pursuant to the Equal Access to Justice Act, 28 U.S.C. § 2412(d). See
Docket No. 26. The Commissioner subsequently filed a Stipulated Motion for Award of
Attorney Fees Pursuant to the Equal Access to Justice Act [Docket No. 27], indicating
that the parties have stipulated to an attorney’s fee in the amount of $5,900.00.
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 Motion and Brief in Support for
an Award of Attorney’s Fees Under the Equal Access to Justice Act 28 U.S.C. § 2412
[Docket No. 26] is DENIED as moot, and the Commissioner’s Stipulated Motion for
Award of Attorney Fees Pursuant to the Equal Access to Justice Act [Docket No. 27] is
hereby GRANTED and that the Government is hereby ordered to pay the abovereferenced 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 1st day of July, 2016.
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