Smallwood v. Social Security Administration
OPINION AND ORDER by Magistrate Judge Steven P. Shreder GRANTING 23 Plaintiff's Motion for Attorney Fees. (tls, Deputy Clerk)
IN THE UNITED STATES DISTRICT COURT
FOR THE EASTERN DISTRICT OF OKLAHOMA
CHARLES J. SMALLWOOD,
NANCY A. BERRYHILL,
Acting Commissioner of the Social
Security Administration, 1
Case No. CIV-16-289-SPS
OPINION AND ORDER AWARDING
ATTORNEY’S FEES TO THE PLAINTIFF UNDER THE EAJA
Plaintiff Charles Smallwood was the prevailing party in this action under the Social
Security Act. Plaintiff seeks an award of attorney’s fees in the amount of $4,051.20,
pursuant to the Equal Access to Justice Act, 28 U.S.C. § 2412(d). The Commissioner does
not object to the fee award.
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, 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
On January 20, 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.
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 Award of Attorney
Fees Pursuant to the Equal Access to Justice Act [Docket No. 23] is hereby granted and
that 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 3rd day of March, 2017.
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