Sumner v. Commissioner of Social Security Administration

Filing 30

ORDER granting 29 Motion for Attorney Fees and awarding fees in the amount of $4,874.40. Signed by Honorable Charles Goodwin on 02/07/2019. (jb)

UNITED STATES DISTRICT COURT
FOR THE WESTERN DISTRICT OF OKLAHOMA
BARBARA JEAN SUMNER,
Plaintiff,
v.
NANCY A. BERRYHILL, Acting
Commissioner of Social Security,
Defendant.

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Case No. CIV-17-725-G

ORDER
Now before the Court is Plaintiff’s Motion for an Award of Attorney’s Fees Under
the Equal Access to Justice Act (“EAJA”), 28 U.S.C. § 2412 et seq. (Doc. No. 29), filed
December 5, 2018.

Plaintiff requests attorney’s fees in the amount of $4,874.40.

Defendant has failed to respond to Plaintiff’s motion within the allotted time; consequently,
the Court deems the motion confessed pursuant to LCvR 7.1(g).
On consideration of the record, the Court finds that Plaintiff is a prevailing party,
the amount of the fee requested is reasonable, and there are no special circumstances that
make an award of fees unjust in this case. See 28 U.S.C. § 2412(d)(1)(a). Further, the
Commissioner has failed to demonstrate that her position was “substantially justified”
within the meaning of the EAJA. See Hackett v. Barnhart, 475 F.3d 1166, 1172 (10th Cir.
2007). Accordingly, the Court GRANTS Plaintiff’s motion and awards fees in the amount
of $4,874.40, payable to Plaintiff, in care of her attorneys, Troutman & Troutman, 1350 S.
Boulder, Suite 410, Tulsa, OK 74119. If attorney’s fees are also awarded under 42 U.S.C.

§ 406(b)(1) of the Social Security Act, 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 7th day of February, 2019.

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