Kelley v. Commissioner of Social Security Administration

Filing 20

ORDER granting 19 Motion for Attorney Fees and awarding fees in the amount of $5220.50. Signed by Magistrate Judge Charles B Goodwin on 07/02/2018. (jb)

UNITED STATES DISTRICT COURT
FOR THE WESTERN DISTRICT OF OKLAHOMA
JAMES B. KELLEY,
Plaintiff,
v.
NANCY A. BERRYHILL, Acting
Commissioner of Social Security,
Defendant.

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Case No. CIV-17-1055-CG

ORDER
On May 30, 2018, the Court entered an Order and a Judgment reversing the decision
of the Social Security Administration and remanding this case for further proceedings. See
Doc. Nos. 17, 18. Plaintiff James B. Kelley now requests an award of attorney’s fees
pursuant to the Equal Access to Justice Act, 28 U.S.C. § 2412. See Pl.’s Unopposed Mot.
Att’y Fees (Doc. No. 19). Defendant has notified the Court that she has no objection to the
requested fee award. See id.
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
and awards fees in the amount of $5220.50, with said amount to be paid directly to Plaintiff
and sent in care of Kyle J. Saunders, P.O. Box 1605, Ada, Oklahoma, 74820. 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 2nd day of July, 2018.

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