Harlan v. Commissioner of Social Security

Filing 23

ORDER granting 20 Motion for Attorney Fees. Signed by Honorable Timothy D. DeGiusti on 7/30/2014. (mb)

IN THE UNITED STATES DISTRICT COURT FOR THE
WESTERN DISTRICT OF OKLAHOMA
KAFFIEA HARLAN,
Plaintiff,
v.
CAROLYN W. COLVIN,
Acting Commissioner,
Social Security Administration,
Defendant.

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Case No. CIV-13-477-D

ORDER AWARDING ATTORNEY FEES
This matter comes before the Court for consideration of Plaintiff’s Motion for Attorney’s
Fees Under the Equal Access to Justice Act [Doc. No. 20], filed pursuant to 28 U.S.C. § 2412.
Plaintiff seeks an award of fees in the amount of $4,785.00 for legal services provided by her
attorney in the case (27.5 hours). Plaintiff is the prevailing party in this action under 42 U.S.C.
§ 405(g) by virtue of the Judgment entered July 14, 2014. Defendant has responded by stating that
the Acting Commissioner has no objection to an award payable to Plaintiff, consistent with Astrue
v. Ratliff, 560 U.S. 586 (2010).
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 Motion is GRANTED. The Court orders
an award of attorney fees to Plaintiff pursuant to the Equal Access to Justice Act in the amount of
$4,785.00. 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 30th day of July, 2014.

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