Potts 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 22 Motion for Attorney Fees by Ray D. Potts. (ndd, Deputy Clerk)
IN THE UNITED STATES DISTRICT COURT
FOR THE EASTERN DISTRICT OF OKLAHOMA
RAY D. POTTS,
Acting Commissioner of the Social
Case No. CIV-16-261-SPS
OPINION AND ORDER AWARDING
ATTORNEY’S FEES TO THE PLAINTIFF UNDER THE EAJA
Plaintiff Ray D. Potts 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
$6,582.60 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. 22. The Commissioner subsequently filed a
response, indicating that the parties had agreed to an award of attorney’s fees in the
amount of $6,200.00, a reduction of $382.60 from the original fee request. Additionally,
the Commissioner stated that there is no objection to the request for $400.00 in costs. 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), 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 Application for Award of
Attorney’s Fees Pursuant to 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 hereby
ordered to pay the agreed-upon $6,200.00 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 23rd day of October, 2017.
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