Moore v. Social Security Administration
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 Barbara A. Moore. (ndd, Deputy Clerk)
IN THE UNITED STATES DISTRICT COURT
FOR THE EASTERN DISTRICT OF OKLAHOMA
BARBARA A. MOORE,
NANCY A. BERRYHILL,
Acting Commissioner of the Social
Case No. CIV-16-241-SPS
OPINION AND ORDER AWARDING
ATTORNEY’S FEES TO THE PLAINTIFF UNDER THE EAJA
Plaintiff Barbara A. Moore 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
$6,336.40, pursuant to the Equal Access to Justice Act, 28 U.S.C. § 2412(d). See Docket
No. 23. The Commissioner subsequently filed a Response to Plaintiff’s Motion for
Attorney Fees Pursuant to the Equal Access to Justice Act [Docket No. 24], indicating
that the parties have stipulated to an attorney’s fee in the amount of $5,900.00, a
reduction of $436.40 from the original fee request.
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 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
$5,900.00 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 27TH day of October, 2017.
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