Walker v. Commissioner of Social Security
ORDER granting 18 Stipulated Motion for Attorney Fees. Signed by Honorable Timothy D. DeGiusti on 6/5/2017. (mb)
IN THE UNITED STATES DISTRICT COURT
FOR THE WESTERN DISTRICT OF OKLAHOMA
NANCY A. BERRYHILL, Acting
Commissioner of Social Security
Case No. CIV-16-703-D
ORDER GRANTING STIPULATED MOTION FOR AWARD OF ATTORNEY’S
FEES PURSUANT TO THE EQUAL ACCESS TO JUSTICE ACT
Before the Court is Plaintiff’s Stipulated Motion for Award of Attorney’s Fees
Pursuant to the Equal Access to Justice Act [Doc. No. 18]. Plaintiff seeks to recover
attorney fees under the Equal Access to Justice Act (“EAJA”), 28 U.S.C. § 2412, as the
prevailing party in this action under 42 U.S.C. § 405(g).
Plaintiff represents that the parties, through counsel, have stipulated to an award to
Plaintiff of $5,000.00 pursuant to EAJA, on the following conditions: Payment of this
amount shall constitute a complete release from and bar to any and all claims Plaintiff may
have relating to EAJA attorney’s fees in connection with this action. This award shall not
be used as precedent in any future cases, nor be construed as a concession by the
Commissioner that the original administrative decision denying benefits to Plaintiff was
not substantially justified. The EAJA award is without prejudice to any right of Plaintiff’s
attorney to seek attorney’s fees pursuant to Social Security Act § 206(b), 42 U.S.C.
§ 406(b), if appropriate, subject to the offset provisions of EAJA.
See 28 U.S.C.
§ 2412(c)(1). Under Astrue v. Ratliff, 560 U.S. 586 (2010), the award of EAJA fees must
be made payable to Plaintiff as the prevailing party.
Upon consideration of the representations in the Motion and the case record, the
Court finds that $5,000.00 represents a reasonable amount of attorney fees to be awarded
pursuant to EAJA.
IT IS THEREFORE ORDERED that Plaintiff’s Motion is GRANTED, subject to
the stipulations of the parties. The Court orders an award of attorney fees to Plaintiff
pursuant to the Equal Access to Justice Act in the amount of $5,000.00. Should an
additional fee award under 42 U.S.C. § 406(b) subsequently be authorized, Plaintiff’s
attorney shall refund the smaller amount to Plaintiff as required by Weakley v. Bowen, 803
F.2d 575, 580 (10th Cir. 1986).
IT IS SO ORDERED this 5th day of June, 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?