Estes v. Commissioner of Social Security
ORDER granting 26 Motion for Attorney Fees. Signed by Honorable Timothy D. DeGiusti on 2/13/2017. (mb)
IN THE UNITED STATES DISTRICT COURT FOR THE
WESTERN DISTRICT OF OKLAHOMA
Acting Commissioner of
Case No. CIV-15-1096-D
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. §
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App’x 741, 743-44 (10th Cir. 2008) (unpublished).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.
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