Whibbey v. Commissioner of Social Security

Filing 21

ORDER granting 18 Motion for Attorney Fees. Signed by Honorable Timothy D. DeGiusti on 9/13/2013. (mb)

IN THE UNITED STATES DISTRICT COURT FOR THE
WESTERN DISTRICT OF OKLAHOMA
JASON R. C. WHIBBEY,

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

Case No. CIV-12-211-D

ORDER
This matter comes before the Court for consideration of Plaintiff’s Application for an Award
of Attorneys’ Fees Under the Equal Access to Justice Act [Doc. No. 18]. Plaintiff seeks an award
of fees pursuant to 28 U.S.C. § 2412(d) in the amount of $4,692.60 to compensate his attorney for
25.5 hours of legal services provided in the case. Plaintiff is the prevailing party in this action under
42 U.S.C. § 405(g) by virtue of the Judgment and Order of Remand entered July 10, 2013. The
Acting Commissioner has responded by stating she has no objection to the requested amount or to
an award payable to Plaintiff, consistent with Astrue v. Ratliff, 130 S. Ct. 2521, 2529 (2010), and
Manning v. Astrue, 510 F.3d 1246, 1255 (10th Cir. 2007).
After consideration of the law, the record, and the arguments of the parties, the Court finds:
(1) the Commissioner’s position in the case was not substantially justified; (2) Plaintiff is entitled
to an award of attorney fees under the Equal Access to Justice Act, 28 U.S.C. § 2412(d); and (3) the
amount of attorney fees requested is reasonable.
IT IS THEREFORE ORDERED that Plaintiff’s Application is GRANTED. The Court
orders an award of attorney fees to Plaintiff pursuant to the Equal Access to Justice Act in the
amount of $4,692.60. Should an additional fee award under 42 U.S.C. § 406(b) subsequently be

authorized, Plaintiff’s attorney shall refund the smaller amount to Plaintiff as required by Weakley
v. Bowen, 803 F.2d 575, 580 (10th Cir. 1986).
IT IS SO ORDERED this 13th day of September, 2013.

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