Boyles v. Social Security Administration
Filing
27
OPINION AND ORDER by Magistrate Judge Paul J Cleary ; granting 25 Motion for Attorney Fees (kjp, Dpty Clk)
IN THE UNITED STATES DISTRICT COURT
FOR THE NORTHERN DISTRICT OF OKLAHOMA
WILKER GENE BOYLES,
Plaintiff,
v.
CAROLYN W. COLVIN,
Acting Commissioner of the
Social Security Administration,
Defendant.
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Case No. 14-CV-532-PJC
OPINION AND ORDER
On July 30, 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.
#20 and #21). Plaintiff filed an Application for Award of Attorney Fees (Dkt. #25) requesting an
award of fees in the amount of $5,605.40 for 20.0 hours of attorney time and 18.4 hours of
paralegal time pursuant to the Equal Access to Justice Act (“EAJA”), 28 U.S.C. § 2412. The
Commissioner filed a response to Plaintiff’s Application for fees on October 7, 2015. (Dkt. #26).
Commissioner does not contest an award of fees in the amount sought by Plaintiff. The Court
has reviewed the pleadings and finds that Plaintiff, Wilker Gene Boyles, 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 $5,605,40, 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 October 2015.
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