Wood v. Commissioner of Social Security Administration
ORDER granting 23 Motion for Attorney Fees and awarding fees in the amount of $3951.60. Signed by Magistrate Judge Charles B Goodwin on 03/09/2018. (jb)
UNITED STATES DISTRICT COURT
FOR THE WESTERN DISTRICT OF OKLAHOMA
VIRGIL P. WOOD JR.,
NANCY A. BERRYHILL,
Acting Commissioner of Social Security
Case No. CIV-17-440-CG
On November 30, 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. 21, 22. Plaintiff Virgil P. Wood Jr. 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. 23). Defendant has responded that she has no objection to the requested fee
award. See Def.’s Resp. (Doc. No. 24).
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)). The Court therefore GRANTS Plaintiff’s request
(Doc. No. 23) and awards fees in the amount of $3951.60, with said amount to be paid
directly to Plaintiff and sent in care of Marianna E. McKnight, 2448 East 81st Street, 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 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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