Cearley v. Social Security Administration

Filing 24

OPINION AND ORDER Awarding Attorney's Fees to the Plaintiff Under the EAJA by Magistrate Judge Steven P. Shreder GRANTING in part 22 Plaintiff's Motion for Attorney Fees to the extent that the Government is ordered to pay the agreed-upon fee (Re: 23 Stipulation). (tls, Deputy Clerk)

IN THE UNITED STATES DISTRICT COURT
FOR THE EASTERN DISTRICT OF OKLAHOMA
NIKITA MARIE CEARLEY,
Plaintiff,
v.
NANCY A. BERRYHILL,
Acting Commissioner of the Social
Security Administration, 1
Defendant.

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Case No. CIV-16-127-SPS

OPINION AND ORDER AWARDING
ATTORNEY’S FEES TO THE PLAINTIFF UNDER THE EAJA
Plaintiff Nikita Marie Cearley 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 $4,828.00, pursuant to the Equal Access to Justice Act, 28 U.S.C. § 2412(d). See Docket
No. 22. The Commissioner subsequently filed a stipulation, indicating that the parties had
agreed to an award of attorney’s fees in the amount of $4,500.00. See Docket No. 23.
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),

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.

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 and Brief in Support for
an Award of Attorney’s Fees Under the Equal Access to Justice Act 28 U.S.C. § 2412
[Docket No. 22] is hereby GRANTED IN PART, to the extent that the Government is
ordered to pay the agreed-upon $4,500.00 fee award 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 January, 2018.

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