Redbird v. Commissioner of Social Security
Filing
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ORDER granting 21 Motion for Attorney Fees. Signed by Honorable Timothy D. DeGiusti on 8/11/2014. (mb)
IN THE UNITED STATES DISTRICT COURT FOR THE
WESTERN DISTRICT OF OKLAHOMA
JAMES EDWARD REDBIRD,
Plaintiff,
v.
CAROLYN W. COLVIN,
Acting Commissioner of the Social
Security Administration,
Defendant.
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Case No. CIV-13-1017-D
ORDER AWARDING ATTORNEY FEES
This matter comes before the Court for consideration of Plaintiff’s Petition for the
Award of Attorney’s Fees Under the Equal Access to Justice Act [Doc. No. 21]. Plaintiff
seeks an award of fees in the amount of $1,607.50 to compensate his attorneys for 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 Amended Judgment entered July 11, 2014.
The Acting
Commissioner has responded by stating she has no objection to a reasonable award payable
to Plaintiff, consistent with Astrue v. Ratliff, 560 U.S. 586, 597 (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 Petition is GRANTED. The Court
orders an award of attorney fees to Plaintiff pursuant to the Equal Access to Justice Act in
the amount of $1,607.50. Should an additional fee award under 42 U.S.C. § 406(b)
subsequently be authorized, Plaintiff’s attorneys 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 11th day of August, 2014.
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