Simmons v. Social Security Administration
OPINION AND ORDER Awarding Attorney's Fees to the Plaintiff Under the EAJA by Magistrate Judge Steven P. Shreder GRANTING 18 Stipulation for Award of Attorney Fees. (tls, Deputy Clerk)
IN THE UNITED STATES DISTRICT COURT
FOR THE EASTERN DISTRICT OF OKLAHOMA
KAREN ANN SIMMONS,
NANCY A. BERRYHILL,
Acting Commissioner of the Social
Case No. CIV-17-30-SPS
OPINION AND ORDER AWARDING
ATTORNEY’S FEES TO THE PLAINTIFF UNDER THE EAJA
Plaintiff Karen Ann Simmons was the prevailing party in this action under the Social
Security Act, based upon a remand pursuant to sentence four of 42 U.S.C. § 405(g).
Plaintiff has now filed a Stipulation for Award of Attorney Fees Pursuant to the Equal
Access to Justice Act, 28 U.S.C. § 2412 [Docket No. 18], indicating that the parties have
stipulated to an attorney’s fee in the amount of $4,998.00.
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 Stipulation for Award of Attorney Fees
Pursuant to the Equal Access to Justice Act, 28 U.S.C. § 2412 [Docket No. 18] 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 9th day of February, 2018.
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