Cragg v. Social Security Administration
OPINION AND ORDER by Magistrate Judge Steven P. Shreder granting 22 Motion for Attorney Fees. (adw, Deputy Clerk)
IN THE UNITED STATES DISTRICT COURT
FOR THE EASTERN DISTRICT OF OKLAHOMA
ROBERT E. CRAGG, JR.,
NANCY A. BERRYHILL,
Acting Commissioner of the Social
Case No. CIV-16-48-SPS
OPINION AND ORDER AWARDING
ATTORNEY’S FEES TO THE PLAINTIFF UNDER THE EAJA
Plaintiff Robert E. Gragg, Jr. was the prevailing party in this action under the
Social Security Act. Plaintiff has now filed a Stipulated Motion for Award of Attorney
Fees Under the Equal Access to Justice Act [Docket No. 22], indicating that the parties
have stipulated to an attorney’s fee in the amount of $5,460.00.
Upon review of the record herein, the Court finds that the agreed 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 Under the Equal Access to Justice Act [Docket No. 22] is hereby GRANTED 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 17th day of November, 2017.
STEVEN P. SHREDER
UNITED STATES MAGISTRATE JUDGE
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