Miles v. Social Security Administration

Filing 20

OPINION AND ORDER by Magistrate Judge Gerald L. Jackson GRANTING IN PART 18 Plaintiff's Motion for Award of Attorney Fees Pursuant to the Equal Access to Justice Act. (pmb, Deputy Clerk) Modified on 6/3/2024 to correct text (pmb, Deputy Clerk).

IN THE UNITED STATES DISTRICT COURT
FOR THE EASTERN DISTRICT OF OKLAHOMA
SANDRA KAY MILES, on behalf )
of Malcolm Dwayne Ellis,
)
)
Plaintiff,
)
v.
)
)
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MARTIN O’MALLEY,
)
Commissioner of the Social
)
Security Administration,
)
)
Defendant.
)

Case No. CIV-23-429-GLJ

OPINION AND ORDER AWARDING
ATTORNEY’S FEES TO THE PLAINTIFF UNDER THE EAJA
Plaintiff Sandra Kay Miles, on behalf of Malcolm Dwayne Ellis, was the prevailing
party in this action under the Social Security Act following an unopposed motion to
remand. Plaintiff originally sought an award of attorney’s fees in the amount of $5,659.50
for 23.1 hours of attorney work, pursuant to the Equal Access to Justice Act, 28 U.S.C.
§ 2412(d) [Docket No. 18 & Ex. 1]. The Commissioner’s Response indicates that the
parties have now agreed to an award of fees in the amount of $5,200.00 [Docket No. 19],
a reduction of $449.50.
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

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On December 20, 2023, Martin J. O’Malley became the Commissioner of Social Security. In
accordance with Fed. R. Civ. P. 25(d), Mr. O’Malley is substituted for Kilolo Kijakazi as the
Defendant in this action.

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 Plaintiff’s Motion for Award of Attorney
Fees Pursuant to the Equal Access to Justice Act [Docket No. 18] is hereby GRANTED IN
PART, to the extent that the Government is hereby ordered to pay the agreed-upon
$5,200.00 fee award 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 3rd day of June, 2024.

______________________________________
GERALD L. JACKSON
UNITED STATES MAGISTRATE JUDGE

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