Simpson v. Colvin

Filing 23

ORDER granting 20 Motion for Attorney Fees.Plaintiff is awarded attorney's fees in the amount of $5,011.20. Signed by Honorable Robin J. Cauthron on 10/3/14. (cpp)

IN THE UNITED STATES DISTRICT COURT
FOR THE WESTERN DISTRICT OF OKLAHOMA
LISA SIMPSON,
Plaintiff,
vs.
CAROLYN W. COLVIN, Acting
Commissioner of the Social Security
Administration,
Defendant.

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Case Number CIV-13-603-C

MEMORANDUM OPINION AND ORDER

Having recently obtained a remand to the Commissioner for further proceedings,
Plaintiff has filed a Motion for an Award of Attorney’s Fees Under the Equal Access to
Justice Act, 28 U.S.C. § 2412 (“EAJA”). Defendant does not object to the time requested
by Plaintiff. Otherwise, Defendant notes that pursuant to Astrue v. Ratliff, 560 U.S. 586,
591-92 (2010), fee awards under the EAJA must be made to the party, not the attorney.
After consideration of Plaintiff’s request and the relevant time entries, the Court finds
Plaintiff’s motion should be granted. Defendant is directed to issue payment in accordance
with this law and the procedures set forth in its response brief. Additionally, in the event
Plaintiff later requests and receives an attorneys’s fee award pursuant to 42 U.S.C. § 406(b),
the smaller amount should be refunded to Plaintiff by his counsel. Weakley v. Bowen, 803
F.2d 575, 580 (10th Cir. 1986).

As set forth more fully herein, Plaintiff’s Motion for Attorney’s Fees Under the Equal
Access to Justice Act (Dkt. No. 20) is GRANTED. Plaintiff is awarded attorney’s fees in the
amount of $5,011.20.
IT IS SO ORDERED this 3rd day of October, 2014.

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