Bartee v. Social Security Administration
Filing
27
ORDER by District Judge John F. Heil, III adopting the 26 Report and Recommendation and granting the 23 Motion for Attorney Fees and 24 Motion for Costs (dma, Deputy Clerk)
IN THE UNITED STATES DISTRICT COURT
FOR THE EASTERN DISTRICT OF OKLAHOMA
VALERIE ANNETTE BARTEE,
Plaintiff,
v.
Case No. 19-CV-371-JFH-SPS
COMMISSIONER OF THE SOCIAL
SECURITY ADMINISTRATION,
Defendant.
ORDER
Before the Court is the Report and Recommendation [Dkt. No. 26] of United States
Magistrate Judge Steven Shreder reviewing Plaintiff’s Application for an Award of Attorney’s
Fees under the Equal Access to Justice Act [Dkt. No. 23] and Plaintiff’s Application for
Reimbursement of Cost and/or Expenses Under the Equal Access to Justice Act and 28 U.S.C. §
1920 [Dkt. No. 24]. Magistrate Judge Shreder recommends the Applications be granted. Dkt.
No. 26.
Neither party objected to Magistrate Judge Shreder’s Report and Recommendation within
the 14-day period prescribed by 28 U.S.C. § 636(b)(1)(C) and Federal Rule of Civil Procedure
72(b). Having reviewed the Report and Recommendation, the Court concurs with Magistrate
Judge Shreder’s recommendation, and accepts and adopts it as the order of the Court. On that
basis, the Court finds that Plaintiff’s Application for an Award of Attorney’s Fees under the Equal
Access to Justice Act [Dkt. No. 23] and Plaintiff’s Application for Reimbursement of Cost and/or
Expenses Under the Equal Access to Justice Act and 28 U.S.C. § 1920 [Dkt. No. 24] are
GRANTED.
IT IS THEREFORE ORDERED that the Government shall pay Plaintiff’s attorney’s
fees in the amount of $4,478.20 and costs in the amount of $400.00.
IT IS FURTHER ORDERED that the award shall be made to Plaintiff as the prevailing
party and not directly to Plaintiff’s counsel. Further, should Plaintiff’s counsel ultimately be
awarded attorney’s fees pursuant to 42 U.S.C. § 406(b)(1), counsel shall refund the smaller
amount to Plaintiff.
DATED this 14th day of July, 2021.
_______________________________
JOHN F. HEIL, III
UNITED STATES DISTRICT JUDGE
2
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