Quinton v. Social Security Administration
Filing
27
OPINION AND ORDER Awarding Attorney's Fees to the Plaintiff Under the EAJA by Magistrate Judge Steven P. Shreder DENYING as moot 25 Motion for Attorney Fees by Sequoyah D. Quinton and GRANTING 26 Stipulation of Award of Attorney Fees. (tmb, Chambers)
IN THE UNITED STATES DISTRICT COURT
FOR THE EASTERN DISTRICT OF OKLAHOMA
SEQUOYA D. QUINTON,
Plaintiff,
v.
NANCY A. BERRYHILL,
Acting Commissioner of the Social
Security Administration, 1
Defendant.
)
)
)
)
)
)
)
)
)
)
)
Case No. CIV-15-466-SPS
OPINION AND ORDER AWARDING
ATTORNEY’S FEES TO THE PLAINTIFF UNDER THE EAJA
Plaintiff Sequoyah D. Quinton 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 $4,573.65. See Docket No. 35. The parties have now filed a Stipulation of Award of
Attorney Fees Under the Equal Access to Justice Act [Docket No. 26], indicating that
they have stipulated to a fee award in the amount of $4,400.00.
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
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.
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. 25] is hereby DENIED as moot,
and the Commissioner’s Stipulation of Award of Attorney Fees Under the Equal Access
to Justice Act [Docket No. 26] 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 14th day of June, 2017.
_____________________________________
STEVEN P. SHREDER
UNITED STATES MAGISTRATE JUDGE
-2-
Disclaimer: Justia Dockets & Filings provides public litigation records from the federal appellate and district courts. These filings and docket sheets should not be considered findings of fact or liability, nor do they necessarily reflect the view of Justia.
Why Is My Information Online?