Hurt v. Social Security Administration

Filing 22

OPINION AND ORDER by Magistrate Judge Paul J Cleary ; granting 20 Motion for Attorney Fees (kjp, Dpty Clk)

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

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Case No: 13-CV-576-PJC

OPINION AND ORDER
On November 17, 2014, 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. Nos. 18-19). Pursuant to Plaintiff’s Motion for Attorney Fees Pursuant to the Equal
Access to Justice Act (“EAJA”) (Dkt. No. 20) and Defendant’s response (Dkt. No. 21), the
parties have agreed that an award in the amount of $4,980.20 in attorney fees is appropriate
based on 26.5 hours of attorney work performed in this case. The Court has reviewed the
pleadings and finds that Plaintiff Eddie Earl Hurt (“Hurt”) is the prevailing party and the fees
sought are reasonable.
THEREFORE, IT IS ORDERED that Hurt be awarded EAJA attorney fees in the amount
of $4,980.20, 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 12th day of February, 2015.