Grimes v. Commissioner of Social Security Administration

Filing 29

ORDER granting 27 Motion for Attorney Fees. Signed by Honorable Timothy D. DeGiusti on 5/21/2018. (mb)

IN THE UNITED STATES DISTRICT COURT FOR THE
WESTERN DISTRICT OF OKLAHOMA
PETER T. GRIMES,
Plaintiff,
vs
NANCY A. BERRYHILL,
Acting Commissioner of the Social
Security Administration,
Defendant.

)
)
)
)
)
)
)
)
)
)
)

Case No. CIV-17-257-D

ORDER AWARDING ATTORNEY FEES
This matter comes before the Court for consideration of Plaintiff’s Application for
Award of Attorney’s Fees Pursuant to the Equal Access to Justice Act, 28 U.S.C. § 2412
[Doc. No. 27]. Plaintiff seeks an award of fees in the amount of $5,084.70 to compensate
his attorney for legal services provided in the case. Plaintiff is the prevailing party in this
action under 42 U.S.C. § 405(g) by virtue of the Judgment and Order of Remand entered
March 12, 2018. Defendant has responded by stating that she has no objection to an
award of $5,084.70 payable to Plaintiff, consistent with Astrue v. Ratliff, 560 U.S. 586,
597 (2010), and Manning v. Astrue, 510 F.3d 1246, 1255 (10th Cir. 2007).
After consideration of the law, the case record, and the arguments of the parties,
the Court finds: (1) the Commissioner’s position in the case was not substantially
justified; (2) Plaintiff is entitled to an award of attorney fees under the Equal Access to
Justice Act, 28 U.S.C. § 2412(d); and (3) the amount of fees requested is reasonable.

IT IS THEREFORE ORDERED that Plaintiff’s Application for Award of
Attorney’s Fees [Doc. No. 27] is GRANTED. The Court orders an award of attorney
fees to Plaintiff pursuant to the Equal Access to Justice Act in the amount of $5,084.70.
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 21st day of May, 2018.

2