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)

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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. ) ) ) ) ) ) ) ) ) ) ) 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. 2

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