Smith v. Social Security Administration
Filing
26
OPINION AND ORDER by Magistrate Judge Gerald L. Jackson granting 24 Plaintiff's Application for Award of Attorneys Fees Under the Equal Access to Justice Act. (pmb, Deputy Clerk)
IN THE UNITED STATES DISTRICT COURT
FOR THE EASTERN DISTRICT OF OKLAHOMA
LISA AKINS SMITH,
Plaintiff,
vs.
MARTIN O’MALLEY,
Commissioner of the Social
Security Administration,
Defendant.
)
)
)
)
)
)
)
)
)
)
)
Case No. CIV-23-312-GLJ
OPINION AND ORDER AWARDING
ATTORNEY’S FEES TO THE PLAINTIFF UNDER THE EAJA
Plaintiff Lisa Akins Smith is the prevailing party in this action under the Social
Security Act, following an unopposed motion to remand. Plaintiff seeks an award of
attorney’s fees in the amount of $5,901.50 for 21.7 hours of attorney work and 4.5 hours
of paralegal/intern work, pursuant to the Equal Access to Justice Act, 28 U.S.C. § 2412(d)
[Docket No. 24 & Ex. 1]. The Commissioner has no objection to the fee award [Docket
No. 25].
Upon review of the record herein, the Court finds that the requested amount is
reasonable and that the Commissioner should be ordered to pay it to 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 Plaintiff’s Application for Award of Attorney’s
Fees Under the Equal Access to Justice Act [Docket No. 24] is hereby granted and that the
Government is therefore ordered to pay the above-referenced amount to Plaintiff as the
prevailing party herein. IT IS FURTHER ORDERED that if 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 3rd day of June, 2024.
______________________________________
GERALD L. JACKSON
UNITED STATES MAGISTRATE JUDGE
2
Disclaimer: Justia Dockets & Filings provides public litigation records from the federal appellate and district courts. These filings and docket sheets should not be considered findings of fact or liability, nor do they necessarily reflect the view of Justia.
Why Is My Information Online?