Paddlety v. Commissioner of Social Security

Filing 28

ORDER granting 26 Motion for Attorney Fees. Signed by Honorable Timothy D. DeGiusti on 11/20/2017. (mb)

IN THE UNITED STATES DISTRICT COURT FOR THE
WESTERN DISTRICT OF OKLAHOMA
MICHAEL S. PADDLETY,
Plaintiff,
v.
CAROLYN W. COLVIN, Acting
Commissioner of the Social
Security Administration,
Defendant.

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Case No. CIV-14-891-D

ORDER
This matter comes before the Court on Plaintiff’s Motion for Attorney Fees
Pursuant to 42 U.S.C. § 406(b) [Doc. No. 26]. Plaintiff seeks an award of fees in the
amount of $19,663.25 to compensate his attorneys for legal services provided in the
case. Plaintiff is the prevailing party in this action by virtue of the Amended
Judgment entered July 1, 2016 [Doc. No. 22]. Defendant has responded by stating
she has no objection to Plaintiff’s motion.
The Court finds that the amount of attorney’s fees requested is reasonable and
Plaintiff’s motion should be GRANTED. The Court orders an award of attorney
fees to Plaintiff pursuant to 42 U.S.C. § 406(b)(1)(A) in the amount of $19,663.25.
Because Plaintiff was also awarded attorney’s fees in the amount of $5,035.00 under
the Equal Access to Justice Act [Doc. No. 25], Plaintiff’s counsel is directed to
refund the lesser of the two fees to Plaintiff as required by Gisbrecht v. Barnhart,

535 U.S. 789, 796 (2002). See also Weakley v. Bowen, 803 F.2d 575, 580 (10th Cir.
1986).
IT IS SO ORDERED this 20th day of November 2017.

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