Wright v. Commissioner of the Social Security Administration
ORDER granting 31 Motion for Attorney Fees and awarding fees in the amount of $4600.00. Signed by Magistrate Judge Charles B Goodwin on 03/09/2018. (jb)
UNITED STATES DISTRICT COURT
FOR THE WESTERN DISTRICT OF OKLAHOMA
KATHARINE S. WRIGHT,
NANCY A. BERRYHILL,
Acting Commissioner of the
Social Security Administration,
Case No. CIV-16-790-CG
On September 8, 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. 29, 30. Plaintiff Katharine S. Wright 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. 31). The parties have jointly notified the Court that
they have stipulated to a request of $4600.00 in EAJA fees in this matter. See Parties’
Stipulation (Doc. No. 32) at 1-2.
Having considered Plaintiff’s unopposed request and the relevant record, the Court
finds that: “(1) [P]laintiff 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)). Having considered the Motion and the relevant
record, the Court GRANTS Plaintiff’s request (Doc. No. 31), as modified by the parties’
stipulation, and awards fees in the amount of $4600.00, 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 9th day of March, 2018.
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