Walling v. Commissioner of Social Security Administration

Filing 31

ORDER granting 30 Motion for Attorney Fees and awarding fees in the amount of $4093.70. Signed by Honorable Charles Goodwin on 04/19/2019. (jb)

UNITED STATES DISTRICT COURT
FOR THE WESTERN DISTRICT OF OKLAHOMA
ROBERT JOHN WALLING,

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Plaintiff,
v.
NANCY A. BERRYHILL, Acting
Commissioner of Social Security,
Defendant.

Case No. CIV-17-884-G

ORDER
On February 25, 2019, the Court entered an Opinion and Order and a Judgment
reversing the decision of the Acting Commissioner and remanding this case for further
proceedings. See Doc. Nos. 28, 29. Plaintiff Robert John Walling 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. 30). Defendant has filed no objection to Plaintiff’s request
within the time allowed. See LCvR 54.2.
Having considered Plaintiff’s unopposed request and the relevant record, the Court
finds that: (1) Plaintiff “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. 30) and awards fees in the amount of $4093.70, with said amount to be paid
directly to Plaintiff and sent in care of Gayle L. Troutman, 1350 S. Boulder, Tulsa,
Oklahoma, 74119. 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 19th day of April, 2019.

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