Moreno v. Social Security Administration
Filing
22
OPINION AND ORDER by Judge Ronald A. White : Granting 19 21 Motion for Attorney Fees to the plaintiff under the EAJA. (acg, Deputy Clerk)
IN THE UNITED STATES DISTRICT COURT
FOR THE EASTERN DISTRICT OF OKLAHOMA
DELIA G. MORENO,
Plaintiff,
v.
CAROLYN W. COLVIN,
Acting Commissioner of
Social Security,
Defendant.
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Case No. 15-cv-141-RAW-KEW
OPINION AND ORDER AWARDING
ATTORNEY’S FEES TO THE PLAINTIFF UNDER THE EAJA
Plaintiff was the prevailing party in this action under the Social Security Act. Plaintiff
filed a request for attorney fees under the Equal Access to Justice Act [Docket No. 19]. The
parties have now filed a Stipulated Motion for Award of Attorney Fees Under the Equal Access
to Justice Act [Docket No. 21], indicating that the parties have stipulated to an attorney fee in the
amount of $3,200.00, a reduction of $485.30 from the amount originally requested by Plaintiff.
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 . . .
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 Stipulated Motion for Award of Attorney Fees
Under the Equal Access to Justice Act [Docket No. 21] is hereby GRANTED, and Plaintiff’s
Application for an Award of Attorneys’ Fees [Docket No. 19] is moot. The Government is
hereby ordered to pay the above-referenced amount by a check made out to Plaintiff but
delivered to Plaintiff’s attorney. 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 14th day of December, 2016.
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Ronald A. White
United States District Judge
Eastern District of Oklahoma
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SUBMITTED AND APPROVED BY:
Electronically submitted 12/12/16
NARISSA C. WEBBER
Special Assistant United States Attorney
Electronically approved 12/12/16
SUSAN JONES
Attorney for Plaintiff
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