Vansickle v. Social Security Administration
OPINION AND ORDER Awarding Attorney's Fees to the Plaintiff under the EAJA by Magistrate Judge Steven P. Shreder GRANTING in part and DENYING in part 24 Motion for Attorney Fees by Shelley L. Vansickle. (ndd, Deputy Clerk)
IN THE UNITED STATES DISTRICT COURT
FOR THE EASTERN DISTRICT OF OKLAHOMA
SHELLEY L. VANSICKLE,
CAROLYN W. COLVIN,
Acting Commissioner of the Social
Case No. CIV-14-444-SPS
OPINION AND ORDER AWARDING
ATTORNEY’S FEES TO THE PLAINTIFF UNDER THE EAJA
Plaintiff Shelley L. Vansickle 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 $6,612.80 and costs in the amount of $400.00, pursuant to the Equal Access to Justice
Act, 28 U.S.C. § 2412(d). See Docket No. 24. The Commissioner subsequently filed a
Response to Plaintiff’s Application for Attorney Fees and Costs Under the Equal Access
to Justice Act [Docket No. 27], indicating that the parties have stipulated to an attorney’s
fee in the amount of $6,042.80, and that there is no objection to the award of $400.00 in
Upon review of the record herein, the Court finds that the stipulated 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 Application for an Award of
Attorneys’ Fees Under the Equal Access to Justice Act and Motion for Award of Court
Costs [Docket No. 24] is GRANTED in part, to the extent that the Government is hereby
ordered to pay the stipulated amount of $6,042.80 and costs in the amount of $400.00 to
the Plaintiff as the prevailing party herein, and otherwise DENIED. 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 22nd day of December, 2016.
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