Boles v. Social Security Administration

Filing 20

OPINION AND ORDER Awarding Attorney's Fees to the Plaintiff Under the EAJA by Magistrate Judge Steven P. Shreder GRANTING 17 Motion for Attorney Fees by Matthew A. Boles. (tls, Deputy Clerk)

IN THE UNITED STATES DISTRICT COURT
FOR THE EASTERN DISTRICT OF OKLAHOMA
MATTHEW A. BOLES,
Plaintiff,
v.
COMMISSIONER of the Social
Security Administration,
Defendant.

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Case No. CIV-17-266-SPS

OPINION AND ORDER AWARDING
ATTORNEY’S FEES TO THE PLAINTIFF UNDER THE EAJA
Plaintiff Matthew A. Boles was the prevailing party in this action under the Social
Security Act. Plaintiff seeks an award of attorney’s fees in the amount of $4,166.15,
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
F.3d 1246, 1251 (10th Cir. 2007) (“The EAJA therefore permits attorney’s fees

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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 an Award of Attorney
Fees Under the Equal Access to Justice Act [Docket No. 17] 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 23rd day of April, 2018.