Wesley v. Social Security Administration

Filing 25

OPINION AND ORDER Awarding Attorney's Fees to the Plaintiff Under the EAJA by Magistrate Judge Steven P. Shreder GRANTING in part 23 Motion for Attorney Fees by Wilma S. Wesley, to the extent that the Government is hereby ordered to pay the agreed-upon $5,000.00 fee award to the Plaintiff as the prevailing party herein. (ndd, Deputy Clerk)

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

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Case No. CIV-16-160-SPS

OPINION AND ORDER AWARDING
ATTORNEY’S FEES TO THE PLAINTIFF UNDER THE EAJA
Plaintiff Wilma S. Wesley 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
$6,625.30, pursuant to the Equal Access to Justice Act, 28 U.S.C. § 2412(d). See Docket
No. 23. The Commissioner subsequently filed a response, indicating that the parties had
agreed to an award of attorney’s fees in the amount of $5,000.00, a reduction of
$1,625.30 from the original fee request. See Docket No. 24.
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
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.

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 Plaintiff’s Motion for Attorney Fees
Pursuant to the Equal Access to Justice Act [Docket No. 23] is hereby GRANTED IN
PART, to the extent that the Government is hereby ordered to pay the agreed-upon
$5,000.00 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 19th day of December, 2017.

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