Jacobs v. Commissioner of Social Security

Filing 27

ORDER granting 26 Motion for Attorney Fees. Signed by Magistrate Judge Charles B Goodwin on 10/06/2017. (jb)

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UNITED STATES DISTRICT COURT FOR THE WESTERN DISTRICT OF OKLAHOMA CRYSTAL G. JACOBS, Plaintiff, v. NANCY A. BERRYHILL, Acting Commissioner of Social Security Administration, Defendant. ) ) ) ) ) ) ) ) ) ) ) Case No. CIV-16-611-CG ORDER On June 30, 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. 24, 25. Plaintiff Crystal G. Jacobs now requests an award of attorney’s fees pursuant to the Equal Access to Justice Act (“EAJA”), 28 U.S.C. § 2412. See Pl.’s Mot. Att’y Fees (Doc. No. 26). Defendant has filed no objection to Plaintiff’s request within the time allowed. See LCvR 7.1(g). Having considered Plaintiff’s unopposed request and the relevant record, the Court finds that: Plaintiff “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 (Doc. No. 26) and awards fees in the amount of $6470.60,1 with said amount to be paid directly to Plaintiff and sent in care of Timothy M. White, 7906 East 55th Street, Tulsa, Oklahoma, 74145. 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 6th day of October, 2017. 1 Although Plaintiff has requested $6503.60, that sum is premised upon a math error as to the hours expended in 2017. See Pl.’s Mot. Att’y Fees Ex. 2 (Doc. No. 26-2) at 1 (incorrectly calculating the fee for 9.20 hours at $195.00 per hour to be $1833.00, rather than $1794.00). 2

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