Estes v. Commissioner of Social Security

Filing 27

ORDER granting 26 Motion for Attorney Fees. Signed by Honorable Timothy D. DeGiusti on 2/13/2017. (mb)

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IN THE UNITED STATES DISTRICT COURT FOR THE WESTERN DISTRICT OF OKLAHOMA STACY ESTES, Plaintiff, v. NANCY BERRYHILL, Acting Commissioner of Social Security, Defendant. ) ) ) ) ) ) ) ) ) ) ) Case No. CIV-15-1096-D ORDER Upon consideration of the parties’ Stipulated Motion for Award of Attorney Fees under the Equal Access to Justice Act [Doc. No. 26], the Court hereby GRANTS the Motion and awards Plaintiff $5,800.00 in attorney fees pursuant to the EAJA, 28 U.S.C. § 2412. The award of attorney fees must be made payable to Plaintiff as the prevailing party. See Astrue v. Ratliff, 560 U.S. 586, 595-98 (2010); Manning v. Astrue, 510 F.3d 1246, 1255 (10th Cir. 2007), cert. denied, 129 S. Ct. 486 (2008); Brown v. Astrue, 271 F. App’x 741, 743-44 (10th Cir. 2008) (unpublished). In addition, if Plaintiff’s counsel ultimately receives an award of attorney fees pursuant to 42 U.S.C. § 406(b), he must refund the smaller award to Plaintiff pursuant to Weakley v. Bowen, 803 F.2d 575, 580 (10th Cir. 1986). IT IS SO ORDERED this 13th day of February, 2017. 2

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