Stokes v. Commissioner of Social Security Administration

Filing 20

ORDER granting 19 Motion for Attorney Fees and awarding fees in the amount of $5500.00. Signed by Magistrate Judge Charles B Goodwin on 03/09/2018. (jb)

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UNITED STATES DISTRICT COURT FOR THE WESTERN DISTRICT OF OKLAHOMA JIMMY STOKES, Plaintiff, v. NANCY A. BERRYHILL, Acting Commissioner of the Social Security Administration, Defendant. ) ) ) ) ) ) ) ) ) ) ) Case No. CIV-17-234-CG ORDER On September 1, 2017, the Court entered an Order and a Judgment reversing the decision of the Acting Commissioner and remanding this case for further proceedings. See Doc. Nos. 17, 18. The parties filed a joint motion requesting the Court award Plaintiff Jimmy Stokes attorney’s fees pursuant to the Equal Access to Justice Act (“EAJA”), 28 U.S.C. § 2412. See Parties’ Joint Mot. Att’y Fees (Doc. No. 19) at 1. The parties have jointly notified the Court that they have stipulated to a request of $5500.00 in EAJA fees in this matter. See id. at 1-2. Having considered the parties’ 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)). The Court therefore GRANTS Plaintiff’s request (Doc. No. 19) and awards fees in the amount of $5500.00, with said amount to be paid directly to Plaintiff and sent in care of Miles L. Mitzner, P.O. Box 5700, Edmond, OK 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 9th day of March, 2018. 2

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