Smith 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 GRANTING 21 Stipulated Motion for Award of Attorney Fees. (ndd, Deputy Clerk)

IN THE UNITED STATES DISTRICT COURT
FOR THE EASTERN DISTRICT OF OKLAHOMA
LEE E. RUSHING SMITH,
Plaintiff,
v.
NANCY A. BERRYHILL,
Acting Commissioner of the Social
Security Administration,1
Defendant.

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Case No. CIV-15-396-SPS

OPINION AND ORDER AWARDING
ATTORNEY’S FEES TO THE PLAINTIFF UNDER THE EAJA
Plaintiff Lee E. Rushing Smith was the prevailing party in this action under the
Social Security Act. The parties have now filed a Stipulation for Attorney’s Fees Under
the Equal Access to Justice Act [Docket No. 21], indicating that they have stipulated to a
fee award in the amount of $5,652.80.
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.
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.

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 Stipulation for Attorney’s 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 22nd day of May, 2017.

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