Weeks v. Social Security Administration

Filing 23

AMENDED OPINION AND ORDER Awarding Attorney's Fees to the Plaintiff Under the EAJA by Magistrate Judge Steven P. Shreder DENYING AS MOOT 20 Motion for Attorney Fees, and GRANTING 21 Stipulation for Award of Attorney Fees. (ndd, Deputy Clerk)

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

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Case No. CIV-16-188-SPS

AMENDED OPINION AND ORDER AWARDING
ATTORNEY’S FEES TO THE PLAINTIFF UNDER THE EAJA
Plaintiff Megan Brooke Weeks 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 $4,578.70 and costs in the amount of $400.00, pursuant to the Equal Access to Justice
Act, 28 U.S.C. § 2412(d). See Docket No. 20. The Commissioner subsequently filed a
stipulation, indicating that the parties had agreed to an award of attorney’s fees in the
amount of $4,200.00, as well as the requested $400.00 in costs. See Docket No. 21.
Upon review of the record herein, the Court finds that the agreed amount of fees
and costs 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
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.

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 Plaintiff’s Motion and Brief in Support for
an Award of for Attorney’s Fees Under the Equal Access to Justice Act 28 U.S.C. § 2412
[Docket No. 20] is hereby DENIED as moot, and the Commissioner’s Stipulation for
Award of Attorney Fees Pursuant to the Equal Access to Justice Act, 28 U.S.C. § 2412
[Docket No. 21] is hereby GRANTED, to the extent that the Government is hereby
ordered to pay the agreed-upon $4,200.00 fee award and $400.00 in costs 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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