Hughes v. Social Security Administration

Filing 26

AMENDED OPINION AND ORDER by Magistrate Judge Steven P. Shreder. (Re: 25 Ruling on Motion for Attorney Fees ) (tls, Deputy Clerk)

IN THE UNITED STATES DISTRICT COURT
FOR THE EASTERN DISTRICT OF OKLAHOMA
JANESSA J. HUGHES,
Plaintiff,
v.
NANCY A. BERRYHILL,
Acting Commissioner of the Social
Security Administration,
Defendant.

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Case No. CIV-16-271-SPS

AMENDED OPINION AND ORDER AWARDING
ATTORNEY’S FEES TO THE PLAINTIFF UNDER THE EAJA
Plaintiff Janessa J. Hughes was the prevailing party in this action under the Social
Security Act. Plaintiff has now filed a Stipulated Motion for Award of Attorney Fees
Under the Equal Access to Justice Act [Docket No. 24], indicating that the parties have
stipulated to an attorney’s fee in the amount of $5,000.00 and costs in the amount of
$400.00.
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 Stipulated Motion for Award of Attorney
Fees Under the Equal Access to Justice Act [Docket No. 24] is hereby GRANTED 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 14th day of December, 2017.

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