Sherman v. Commissioner of Social Security Administration

Filing 24

ORDER granting in part 22 Motion for Attorney Fees and granting 23 Motion for Attorney Fees. Plaintiff is awarded $4,500.00 in attorney fees under the EAJA. Signed by Magistrate Judge Suzanne Mitchell on 9/19/18. (rmc)

IN THE UNITED STATES DISTRICT COURT FOR THE
WESTERN DISTRICT OF OKLAHOMA
RHONDA L.SHERMAN,
Plaintiff,
V.

Case No. CIV-17-1247-SM

COMMISSIONER OF
SOCIAL SECURITY,
Defendant.

ORDER

Before the Court is Plaintiffs Motion for Award of Attorney Fees under

the Equal Access to Justice Act. Doc. 22. The Court orders that, by stipulation
of the parties, Plaintiff is awarded attorney fees under the Equal Access to
Justice Act (EAJA), 28 U.S.C. § 2412(d), in the amount of $4,500.00. The
amount is payable to Plaintiff in care of her attorney, Timothy M. White.
BACKGROUND

On July 31, 2018, the Court remanded this matter to the Commissioner
for additional administrative proceedings. Doc. 20. Judgment entered in favor

of Plaintiff and against the Commissioner that same day. Doc. 21. On August

30, 2018, Plaintiff filed an application for attorney fees under the EAJA. Doc.
22. Plaintiff sought $4,688.60 in attorney fees. Id. at 1. After Plaintiff filed

her request, the Commissioner filed a stipulated motion for an award of
$4,500.00 in attorney fees. Doc. 23.
ORDER

Due to the parties' stipulation, the Court hereby grants Plaintiffs motion

for attorney fees in part and grants the stipulated motion. The undersigned
knows of no special circumstances that would make an award of attorney fees

unjust. The court finds the stipulated amount to be reasonable. Plaintiff is
awarded $4,500.00 in attorney fees under the EAJA.

Payment of this amount shall constitute a complete release from and bar

to any and all claims Plaintiff may have relating to EAJA fees in connection
with this action. The parties further agree that the EAJA award is without

prejudice to Plaintiffs attorney's right to seek attorney fees pursuant to Social
Security Act § 206(b), 42 U.S.C. § 406(b), subject to the offset provisions of the
EAJA. See 28 U.S.C. § 2412(c)(1)(2006).

In accordance with decisions from the United States Supreme Court and

Tenth Circuit Court of Appeals, the award of attorney fees must be made

payable to Plaintiff as the prevailing party. See Astrue v. Ratliff, 560 U.S. 586,
595-98(2010); Manning v. Astrue, 510 F.3d 1246, 1255(10th Cir. 2007); Brown
V, Astrue, 271 F. App'x 741, 743-44(10th Cir. 2008).

In addition, if Plaintiffs counsel ultimately receives an award of attorney

fees pursuant to 42 U.S.C. §406(b), he must refund the smaller award to
Plaintiff pursuant to Weakley v, Bowen, 803 F.2d 575, 580(10th Cir. 1986).
DATED this 19th day of September, 2018.

[E MITCHELL

UNITED STATES MAGISTRATE JUDGE