Wright v. Social Security Administration

Filing 31

OPINION AND ORDER by Magistrate Judge Paul J Cleary ; granting 28 Motion for Attorney Fees (kjp, Dpty Clk)

IN THE UNITED STATES DISTRICT COURT
FOR THE NORTHERN DISTRICT OF OKLAHOMA
ROGER L. WRIGHT,
Plaintiff,
v.
CAROLYN W. COLVIN, Acting
Commissioner of the Social
Security Administration,
Defendant.

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Case No: 13-CV-44-PJC

OPINION AND ORDER
On November 21, 2013, this Court reversed the decision of the Commissioner and
remanded this case for further administrative proceedings under sentence four of 42 U.S.C. §
405(g) (Dkt. ##-26-27). Pursuant to Plaintiff’s Motion for Attorney Fees Pursuant to the Equal
Access to Justice Act (“EAJA”) (Dkt. #28) and Defendant’s response (Dkt. #30), the parties
have agreed that an award in the amount of $6,118.20 in attorney fees is appropriate based on
32.90 hours of attorney work performed in this case. The Court has reviewed the pleadings and
finds that Plaintiff Roger L.Wright (“Wright”) is the prevailing party and the fees sought are
reasonable.
THEREFORE, IT IS ORDERED that Wright be awarded EAJA attorney fees in the
amount of $6,118.20, in care of his counsel. If attorney fees are also awarded under 42 U.S.C. §
406(b) of the Social Security Act, Plaintiff’s counsel shall refund the smaller award to Plaintiff
pursuant to Weakley v. Bowen, 803 F.2d 575, 580 (10th Cir. 1986).
DATED, this 27th day of February, 2014.