Phillips v. Social Security Administration

Filing 29

OPINION AND ORDER by Magistrate Judge Paul J Cleary ; granting 27 Motion for Attorney Fees (crp, Dpty Clk)

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

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Case No: 13-CV-595-PJC

OPINION AND ORDER
On December 30, 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. 19-20). Pursuant to Plaintiff’s Motion for Attorney Fees Pursuant to the Equal
Access to Justice Act (“EAJA”) (Dkt. No. 27) and Defendant’s response (Dkt. No. 28), the
parties have agreed that an award in the amount of $4,650.60 in attorney fees is appropriate
based on 14.4 hours of attorney work and 19.2 hours paralegal work performed in this case. The
Court has reviewed the pleadings and finds that Plaintiff Sherry Lynn Phillips (“Phillips”) is the
prevailing party and the fees sought are reasonable.
THEREFORE, IT IS ORDERED that Phillips be awarded EAJA attorney fees in the
amount of $4,650.60, in care of her 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 4th day of March, 2015.