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)

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.

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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