Cooper v. Commissioner of Social Security Administration
Filing
27
ORDER granting 26 Motion for Attorney Fees and awarding fees in the amount of $6000. Signed by Magistrate Judge Charles B Goodwin on 05/07/2018. (jb)
UNITED STATES DISTRICT COURT
FOR THE WESTERN DISTRICT OF OKLAHOMA
MICHAEL COOPER,
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Plaintiff,
v.
NANCY A. BERRYHILL, Deputy
Commissioner for Operations,
Social Security Administration,
Defendant.1
Case No. CIV-17-69-CG
ORDER
On March 14, 2018, the Court entered an Opinion and Order and a Judgment
reversing the decision of the Social Security Administration and remanding this case for
further proceedings. See Doc. Nos. 23, 24. Plaintiff Michael Cooper now requests an
award of attorney’s fees pursuant to the Equal Access to Justice Act, 28 U.S.C. § 2412.
See Pl.’s Mot. Att’y Fees (Doc. No. 26). Defendant has notified the Court that she has no
objection to the requested fee award. See id.
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
1
Nancy A. Berryhill was the Acting Commissioner of Social Security beginning January
23, 2017. In November 2017, her acting status ended as a matter of law pursuant to the
Federal Vacancies Reform Act, 5 U.S.C. §§ 3345 et seq., and she returned to her position
of record as Deputy Commissioner for Operations. In accordance with the agency’s Order
of Succession, Ms. Berryhill continues to lead the Social Security Administration as the
agency awaits the nomination and confirmation of a Commissioner.
https://www.ssa.gov/agency/commissioner.html (last visited Apr. 20, 2018).
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 $6000.00, with said amount to be paid
directly to Plaintiff and sent in care of Miles L. Mitzner, P.O. Box 5700, Edmond,
Oklahoma, 73083. 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 7th day of May, 2018.
2
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