Watts v. Social Security Administration
Filing
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OPINION AND ORDER by Magistrate Judge Gerald L. Jackson granting 20 Plaintiff's Motion for Award of Attorney Fees Pursuant to the Equal Access to Justice Act. (pmb, Deputy Clerk)
IN THE UNITED STATES DISTRICT COURT
FOR THE EASTERN DISTRICT OF OKLAHOMA
CRYSTAL WATTS,
Plaintiff,
vs.
MARTIN O’MALLEY,
Commissioner of the Social
Security Administration,
Defendant.
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Case No. CIV-24-120-GLJ
OPINION AND ORDER
Claimant, Crystal Watts, is the prevailing party in this action under the Social
Security Act. Claimant seeks an award of attorney’s fees in the amount of $5,409.60 for
21.6 hours of attorney work, pursuant to the Equal Access to Justice Act, 28 U.S.C.
§ 2412(d) [Docket No. 20, Ex. 1]. The Commissioner has no objection to the fee award
[Docket No. 22].
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 Claimant 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 Motion for Award of Attorney Fees
Pursuant to the Equal Access to Justice Act [Docket No. 20] is hereby granted and that the
Government is therefore ordered to pay the above-referenced amount to Claimant as the
prevailing party herein. IT IS FURTHER ORDERED that if Claimant’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 Claimant pursuant to Weakley v. Bowen, 803 F.2d 575,
580 (10th Cir. 1986).
DATED this 22nd day of October, 2024.
______________________________________
GERALD L. JACKSON
UNITED STATES MAGISTRATE JUDGE
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