McClaflin v. Commissioner of Social Security

Filing 35

ORDER granting 33 Motion for an Award of Attorney Fees. Signed by Magistrate Judge Charles B Goodwin on 02/10/2017. (jb)

UNITED STATES DISTRICT COURT
FOR THE WESTERN DISTRICT OF OKLAHOMA
ROGER GLEN McCLAFLIN,
Plaintiff,
v.
NANCY A. BERRYHILL,
Acting Commissioner of the
Social Security Administration,
Defendant.

1

)
)
)
)
)
)
)
)
)
)
)

Case No. CIV-14-1128-CG

ORDER
On September 27, 2016, the Court entered an order and judgment reversing the
Commissioner’s final decision denying Plaintiff Roger G. McClaflin’s application for
Supplemental Security Income (“SSI”) and remanding the case for further proceedings
under the fourth sentence of 42 U.S.C. § 405(g). On December 27, 2016, Plaintiff filed a
Motion for an Award of Attorney Fees under the Equal Access to Justice Act (“EAJA”),
28 U.S.C. § 2412. See Pl.’s Mot. Att’y Fees (Doc. No. 33).
On January 10, 2017, the Commissioner filed a Stipulated Motion for Award of
Attorney Fees under the EAJA, in which the parties stipulate that Plaintiff should be
compensated a total of $6,000.00. See Def.’s Stip. Mot. Att’y Fees (Doc. No. 34). Having
considered the Motions, the Court GRANTS Plaintiff’s request and awards fees in the
amount of $6,000.00. This amount shall be paid directly to Plaintiff and sent in care of

1

Per Federal Rule of Civil Procedure 25(d), Acting Commissioner Nancy A. Berryhill is
substituted as the successor public officer defendant in this case.

Casey L. Saunders, P.O. Box 2318, Ada, Oklahoma, 74821. If attorney’s fees are also
awarded under 42 U.S.C § 406(b), Plaintiff’s counsel is directed to refund the smaller
amount to Plaintiff. See Weakley v. Bowen, 803 F.2d 575, 580 (10th Cir. 1986).
IT IS SO ORDERED this 10th day of February, 2017.

2