Butts v. Commissioner of Social Security Administration

Filing 28

ORDER granting 26 Motion for Attorney Fees and awarding fees in the amount of $5333.70. Signed by Honorable Charles Goodwin on 09/19/2019. (jb)

UNITED STATES DISTRICT COURT
FOR THE WESTERN DISTRICT OF OKLAHOMA
CINDY D. BUTTS,
Plaintiff,
v.
ANDREW SAUL,
Commissioner of Social Security,1
Defendant.

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Case No. CIV-17-206-G

ORDER
On June 6, 2019, the Court entered an Order and a Judgment reversing the decision
of the Social Security Administration and remanding this case for further proceedings. See
Op. & Order (Doc. No. 24); J. (Doc. No. 25). Now before the Court is Plaintiff Cindy D.
Butts’ Application for Award of Attorney’s Fees Pursuant to the Equal Access to Justice
Act, 28 U.S.C. § 2412. See Pl.’s Mot. (Doc. No. 26). Defendant has notified the Court
that he has no objection to Plaintiff’s request. See Def.’s Resp. (Doc. No. 27).
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)). Accordingly, the Court GRANTS Plaintiff’s request
and awards fees in the amount of $5333.70, with said amount to be paid directly to Plaintiff

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The current Commissioner is hereby substituted as Defendant pursuant to Federal Rule
of Civil Procedure 25(d).

and sent in care of Marianna E. McKnight, 2448 E. 81st St., Suite 2038, Tulsa, Oklahoma,
74137. If attorney’s fees are also awarded under 42 U.S.C. § 406(b), Plaintiff’s counsel
shall refund the smaller award to Plaintiff in accordance with Weakley v. Bowen, 803 F.2d
575, 580 (10th Cir. 1986).
IT IS SO ORDERED this 19th day of September, 2019.

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