Weger v. Social Security Administration

Filing 26

OPINION AND ORDER by Magistrate Judge Steven P. Shreder granting 25 Stipulated Motion for Award of Attorney Fees Under the Equal Access to Justice Act. Further, the 24 Motion for Award of Attorney Fees Pursuant to the Equal Access to Justice Act is denied as moot. (pmb, Deputy Clerk)

IN THE UNITED STATES DISTRICT COURT
FOR THE EASTERN DISTRICT OF OKLAHOMA
BRANDON SCOTT WEGER,
Plaintiff,
v.
KILOLO KIJAKAZI,
Commissioner of the Social
Security Administration,
Defendant.

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Case No. CIV-19-316-SPS

OPINION AND ORDER AWARDING
ATTORNEY’S FEES TO THE PLAINTIFF UNDER THE EAJA
Plaintiff Brandon Scott Weger 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 $7,919.40, pursuant to the Equal Access to Justice Act, 28 U.S.C. § 2412(d). See Docket
No. 24. The Commissioner subsequently filed a “Stipulated Motion for Award of Attorney
Fees Under the Equal Access to Justice Act,” indicating that the parties had agreed to an
award of $7,000.00. See Docket No. 25.
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 Stipulated Motion for Award of Attorney
Fees Under the Equal Access to Justice Act [Docket No. 25] is GRANTED, and that the
Government is hereby ordered to pay the agreed amount of $7,000.00 to the Plaintiff as the
prevailing party herein IT IS FURTHER ORDERED that Plaintiff’s Motion for Award of
Attorney Fees Pursuant to the Equal Access to Justice Act [Docket No. 24] is DENIED as
MOOT. 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 14th day of July, 2021.
_____________________________________
STEVEN P. SHREDER
UNITED STATES MAGISTRATE JUDGE

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