Cripps v. Social Security Administration

Filing 27

ORDER by District Judge James H. Payne: affirming and adopting 26 Report and Recommendation; granting 21 Motion for Attorney Fees (cjt, Deputy Clerk)

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IN THE UNITED STATES DISTRICT COURT FOR THE EASTERN DISTRICT OF OKLAHOMA ALICE E. CRIPPS, Plaintiff, v. NANCY A. BERRYHILL, Acting Commissioner of Social Security Administration, Defendant. ) ) ) ) ) ) ) ) ) ) ) Case No. 14-CV-416-JHP-KEW ORDER AFFIRMING AND ADOPTING THE FINDINGS AND RECOMMENDATION OF THE UNITED STATES MAGISTRATE JUDGE On May 22, 2017, the United States Magistrate Judge entered a Findings and Recommendation in regard to Plaintiff’s request for an award of attorney fees under the Equal Access to Justice Act, 28 U.S.C. § 2412(d). The Magistrate Judge recommended that Plaintiff’s Motion be granted. No party has filed any objection to the Magistrate Judge’s Findings and Recommendation within the time prescribed by law. 28 U.S.C. § 636(b); Fed. R. Civ. P. 72(a). This Court finds that the Findings and Recommendation of the Magistrate Judge is supported by the record. Therefore, upon full consideration of the entire record and the issues presented herein, the Court finds and orders that the Findings and Recommendation entered by the United States Magistrate Judge on May 22, 2017, be AFFIRMED and ADOPTED by this Court as its Findings and Order. It is ORDERED that Plaintiff’s Motion and Application for an Attorney Fee Under the Equal Access to Justice Act Pursuant to Sentence Four Remand (Doc. No. 21) is GRANTED. Accordingly, the Government is ordered to pay Plaintiff’s attorney’s fees in the total amount of $4,937.50. It is further ORDERED that the award in this case is to be made payable to Plaintiff, not Plaintiff’s counsel, or jointly to Plaintiff and Plaintiff’s counsel, as 28 U.S.C. § 2412(a)(1) and (d)(1)(A) provide for an award of costs and attorney’s fees to a “prevailing party.” Further, if Plaintiff’s counsel is ultimately granted attorney fees pursuant to 42 U.S.C. §406(b)(1), he shall refund the smaller award to the plaintiff pursuant to Weakley v. Bowen, 803 F.2d 575, 580 (10th Cir. 1986). IT IS SO ORDERED this 6th day of June, 2017.     2  

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