Bland v. Social Security Administration

Filing 26

OPINION AND ORDER Awarding Attorney's Fees to the Plaintiff Under the EAJA by Magistrate Judge Steven P. Shreder GRANTING 25 Stipulated Motion for Attorney Fees. (ndd, Deputy Clerk)

IN THE UNITED STATES DISTRICT COURT
FOR THE EASTERN DISTRICT OF OKLAHOMA
TAMRA L. BLAND,
Plaintiff,
v.
NANCY A. BERRYHILL,
Acting Commissioner of the Social
Security Administration,
Defendant.

)
)
)
)
)
)
)
)
)
)
)

Case No. CIV-15-469-SPS

OPINION AND ORDER AWARDING
ATTORNEY’S FEES TO THE PLAINTIFF UNDER THE EAJA
Plaintiff Tamra L. Bland was the prevailing party in this action under the Social
Security Act. The parties have now filed a Stipulated Motion for Award of Attorney Fees
Pursuant to the Equal Access to Justice Act [Docket No. 25], indicating that the parties
have stipulated to an attorney’s fee in the amount of $500.00.
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 Stipulated Motion for Award of Attorney
Fees Pursuant to the Equal Access to Justice Act [Docket No. 25] 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 16th day of October, 2017.

-2-