Edwards v. Social Security Administration

Filing 25

OPINION AND ORDER by Magistrate Judge Kimberly E. West finding as moot 22 Motion for Attorney Fees; granting 24 Stipulated Motion for Attorney Fees (sjr, Chambers) (Main Document 25 replaced on 12/19/2017) (sjr, Chambers).

IN THE UNITED STATES DISTRICT COURT
FOR THE EASTERN DISTRICT OF OKLAHOMA
RENEE D. EDWARDS,
Plaintiff,
v.
NANCY A. BERRYHILL,
Acting Commissioner of
Social Security,
Defendant.

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Case No. 16-cv-284-KEW

OPINION AND ORDER AWARDING
ATTORNEY’S FEES TO THE PLAINTIFF UNDER THE EAJA
Plaintiff was the prevailing party in this action under the Social Security Act. Plaintiff
filed a request for attorney fees under the Equal Access to Justice Act [Docket Nos. 22]. The
parties have 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 fee in the
amount of $6,300.00, a reduction of $753.80 from the amount originally requested by Plaintiff.
Upon review of the record herein, the Court finds that said 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 . . .
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, and Plaintiff’s
Motion for Attorney Fees [Docket No. 22] is moot. The Government is hereby ordered to pay
the above-referenced amount 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 18th day of December, 2017.

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KIMBERLY E. WEST
UNITED STATES MAGISTRATE JUDGE

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SUBMITTED AND APPROVED BY:
Electronically submitted 12/14/17
NARISSA C. WEBBER
Special Assistant United States Attorney
Approved 12/12/17
TIMOTHY M. WHITE
Attorney for Plaintiff

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