Miller v. Social Security Administration

Filing 28

OPINION AND ORDER by Magistrate Judge Paul J Cleary ; granting 26 Motion for Attorney Fees (kjp, Dpty Clk)

IN THE UNITED STATES DISTRICT COURT
FOR THE NORTHERN DISTRICT OF OKLAHOMA

BRYAN MILLER,
Plaintiff,
v.
CAROLYN W. COLVIN,
Acting Commissioner of the
Social Security Administration,
Defendant.

)
)
)
)
)
)
)
)
)
)
)

Case No. 13-CV-774-PJC

OPINION AND ORDER
On February 23, 2015, 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. #24 and #25). Pursuant to Plaintiff’s Application for Award of Attorney Fees (Dkt.
#26) and Defendant’s Response (Dkt. #27), the parties have agreed that an award of fees is
appropriate pursuant to the Equal Access to Justice Act (“EAJA”), 28 U.S.C. § 2412. The parties
have agreed that the amount of $4,317.95 in attorney fees is appropriate based on 20.95 hours of
attorney work and 4.55 hours of paralegal work performed in this case. The Court has reviewed
the pleadings and finds that Plaintiff Bryan Miller is the prevailing party and the fees sought are
reasonable.
THEREFORE IT IS ORDERED that Plaintiff be awarded EAJA attorney fees in the
amount of $4,317.95, 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 26th day of May 2015.