Flowers v. Commissioner of Social Security

Filing 26

ORDER granting in part 23 Motion for Attorney Fees. Signed by Honorable Vicki Miles-LaGrange on 5/13/2016. (mb)

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

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Case No. CIV-15-492-M

ORDER
On April 18, 2016, United States District Judge Vicki Miles-LaGrange entered an Order and
Judgment in this case remanding this case for further administrative proceedings. Based on same,
counsel for plaintiff has now timely filed a Motion and Brief for Payment of Attorney’s Fees
Pursuant to 28 U.S.C. § 2412(d)(1)(a) (The Equal Access to Justice Act (EAJA)), requesting an
award of fees in the amount of $4,446.00. On May 11, 2016, defendant filed a Stipulated Motion
for Award of Attorney Fees under the Equal Access to Justice Act, in which the parties stipulate that
plaintiff should be compensated a total of $3,600.00 under the EAJA. Having considered the
parties’ stipulation, this Court GRANTS IN PART plaintiff’s Motion and Brief for Payment of
Attorney’s Fees Pursuant to 28 U.S.C. § 2412(d)(1)(a) (The Equal Access to Justice Act(EAJA))
[docket no. 23] and AWARDS attorney’s fees under the EAJA in the amount of $3,600.00, said
amount to be paid directly to plaintiff. Plaintiff’s counsel shall reimburse to plaintiff the smaller of

either the EAJA award or any subsequent award under 42 U.S.C. § 406(b), should one ultimately
be authorized, as required by Weakley v. Bowen, 803 F.2d 575, 580 (10th Cir. 1986).
IT IS SO ORDERED this 13th day of May, 2016.