Ayers 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 Marcy Reann Ayers. (ndd, Deputy Clerk)
IN THE UNITED STATES DISTRICT COURT
FOR THE EASTERN DISTRICT OF OKLAHOMA
MARCY REANN AYERS,
NANCY A. BERRYHILL,
Acting Commissioner of the Social
Case No. CIV-16-341-SPS
OPINION AND ORDER AWARDING
ATTORNEY’S FEES TO THE PLAINTIFF UNDER THE EAJA
Plaintiff Marcy Reann Ayers 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 $5,838.00, 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 $5,200.00, a reduction
of $638.00 from the original fee request. 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
On January 23, 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.
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 and Brief in Support for
an Award of Attorney’s Fees Under 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 $5,200.00 fee award 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 4th day of December, 2017.
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