Keith v. Social Security Administration

Filing 22

OPINION AND ORDER Awarding Attorney's Fees to the Plaintiff Under the EAJA by Magistrate Judge Steven P. Shreder DENYING as moot 20 Motion for Attorney Fees by Sherri L. Keith and GRANTING 21 Stipulation for Attorney Fees by Social Security Administration. (ndd, Deputy Clerk)

IN THE UNITED STATES DISTRICT COURT
FOR THE EASTERN DISTRICT OF OKLAHOMA
SHERRI L. KEITH,
Plaintiff,
v.
CAROLYN W. COLVIN,
Acting Commissioner of the Social
Security Administration,
Defendant.

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Case No. CIV-14-523-SPS

OPINION AND ORDER AWARDING
ATTORNEY’S FEES TO THE PLAINTIFF UNDER THE EAJA
Plaintiff Sherri L. Keith 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
$6,292.80, pursuant to the Equal Access to Justice Act, 28 U.S.C. § 2412(d). See Docket
No. 20. The Commissioner subsequently filed a Stipulation for Attorney Fees Under the
Equal Access to Justice Act [Docket No. 21], indicating that the parties have stipulated to
an attorney’s fee in the amount of $6,000.00.
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 for Attorney Fees
Pursuant to the Equal Access to Justice Act [Docket No. 20] is DENIED as moot, and the
Commissioner’s Stipulation for Attorney Fees Under 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).
DATED this 1st day of July, 2016.

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