Burton v. Commissioner of Social Security
ORDER granting 28 Motion for Attorney Fees and awarding fees in the amount of $4764.30. Signed by Magistrate Judge Charles B Goodwin on 11/07/2017. (jb)
UNITED STATES DISTRICT COURT
FOR THE WESTERN DISTRICT OF OKLAHOMA
ROBIN BRIAN BURTON,
NANCY A. BERRYHILL, Acting
Commissioner of Social Security
Case No. CIV-15-1039-CG
On September 11, 2017, the Court entered an Opinion and Order and a Judgment
reversing the decision of the Acting Commissioner and remanding this case for further
proceedings. See Doc. Nos. 26, 27. Plaintiff Robin Brian Burton now requests an award
of attorney’s fees pursuant to the Equal Access to Justice Act, 28 U.S.C. § 2412. See Pl.’s
Mot. Att’y Fees (Doc. No. 28). Defendant has responded that she has no objection to the
requested fee award. See Def.’s Resp. (Doc. No. 29).
Having considered Plaintiff’s unopposed request and the relevant record, the Court
finds that: “(1) [P]laintiff is a ‘prevailing party’; (2) the position of the United States was
not ‘substantially justified’; and (3) there are no special circumstances that make an award
of fees unjust” in this case. Hackett v. Barnhart, 475 F.3d 1166, 1172 (10th Cir. 2007)
(quoting 28 U.S.C. § 2412(d)(1)(A)). The Court therefore GRANTS Plaintiff’s request
Nancy A. Berryhill, the current Acting Commissioner of the Social Security
Administration, is hereby substituted as Defendant in this matter pursuant to Rule 25(d) of
the Federal Rules of Civil Procedure.
(Doc. No. 28) and awards fees in the amount of $4764.30, with said amount to be paid
directly to Plaintiff and sent in care of Troutman & Troutman PC, 1350 S. Boulder Avenue,
Tulsa, Oklahoma, 74119. If attorney’s fees are also awarded under 42 U.S.C. § 406(b),
Plaintiff’s counsel shall refund the smaller award to Plaintiff pursuant to Weakley v. Bowen,
803 F.2d 575, 580 (10th Cir. 1986).
IT IS SO ORDERED this 7th day of November, 2017.
Disclaimer: Justia Dockets & Filings provides public litigation records from the federal appellate and district courts. These filings and docket sheets should not be considered findings of fact or liability, nor do they necessarily reflect the view of Justia.
Why Is My Information Online?