Linn v. Social Security Administration

Filing 23

OPINION AND ORDER Awarding Attorney's Fees to the Plaintiff Under the EAJA by Magistrate Judge Steven P. Shreder granting 21 Motion for Attorney Fees by Rhydonna G. Linn. (ndd, Deputy Clerk)

IN THE UNITED STATES DISTRICT COURT
FOR THE EASTERN DISTRICT OF OKLAHOMA
RHYDONNA G. LINN,
Plaintiff,
v.
NANCY A. BERRYHILL,
Acting Commissioner of the Social
Security Administration,1
Defendant.

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Case No. CIV-15-345-SPS

OPINION AND ORDER AWARDING
ATTORNEY’S FEES TO THE PLAINTIFF UNDER THE EAJA
Plaintiff Rhydonna G. Linn was the prevailing party in this action under the Social
Security Act. Plaintiff seeks an award of attorney’s fees in the amount of $6,115.10,
pursuant to the Equal Access to Justice Act, 28 U.S.C. § 2412(d). The Commissioner has
neither responded nor objected to the fee award.
Upon independent 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
1

On January 23, 2017, Nancy A. Berryhill became the Acting Commissioner of Social
Security. In accordance with Fed. R. Civ. P. 25(d), Ms. Berryhill is substituted for Carolyn
Colvin as the Defendant in this action.

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 [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.Cs. § 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 12th day of July, 2017.

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