Whittington v. Social Security Administration

Filing 26

ORDER by District Judge James H. Payne: affirming and adopting 25 Report and Recommendation; granting 21 Motion for Attorney Fees (cjt, Deputy Clerk)

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

)
)
)
)
)
)
)
)
)
)
)

Case No. 16-CV-14-JHP-SPS

ORDER AFFIRMING AND ADOPTING THE REPORT AND
RECOMMENDATION OF THE UNITED STATES
MAGISTRATE JUDGE
On July 27, 2017, the United States Magistrate Judge entered a Report and
Recommendation in regard to Plaintiff’s request for an award of attorney fees under the Equal
Access to Justice Act, 28 U.S.C. § 2412(d). The Magistrate Judge recommended that Plaintiff’s
Motion (Dkt. 21) be granted. No party has filed any objection to the Magistrate Judge’s Report
and Recommendation within the time prescribed by law. 28 U.S.C. § 636(b); Fed. R. Civ. P.
72(b).
This Court finds that the Report and Recommendation of the Magistrate Judge is
supported by the record. Therefore, upon full consideration of the entire record and the issues
presented herein, the Court finds and orders that the Report and Recommendation entered by the
United States Magistrate Judge on July 27, 2017, be AFFIRMED and ADOPTED by this Court
as its Findings and Order. It is ORDERED that Plaintiff’s Motion for Attorney’s Fees Under
the Equal Access to Justice Act (Dkt. 21) is GRANTED. Accordingly, the Government is
ordered to pay Plaintiff’s attorney’s fees in the amount of $6,220.75.

It is further ORDERED that the award in this case is to be made payable to Plaintiff, not
Plaintiff’s counsel, or jointly to Plaintiff and Plaintiff’s counsel, as 28 U.S.C. § 2412(a)(1) and
(d)(1)(A) provide for an award of costs and attorney’s fees to a “prevailing party.” Further, if
Plaintiff’s counsel is ultimately granted attorney fees pursuant to 42 U.S.C. §406(b)(1), he shall
refund the smaller award to the plaintiff pursuant to Weakley v. Bowen, 803 F.2d 575, 580 (10th
Cir. 1986).
IT IS SO ORDERED this 21st day of December, 2017.

2