Hutton v. Commissioner of Social Security Administration

Filing 25

ORDER granting 24 Motion for Attorney Fees and awarding fees in the amount of $5000.00. Signed by Honorable Charles Goodwin on 10/30/2019. (jb)

UNITED STATES DISTRICT COURT
FOR THE WESTERN DISTRICT OF OKLAHOMA
CYTHIA L. HUTTON,
Plaintiff,
v.
ANDREW SAUL,
Commissioner of Social Security,1
Defendant.

)
)
)
)
)
)
)
)
)
)

Case No. CIV-17-1259-G

ORDER
On August 28, 2019, the Court entered an Order and a Judgment reversing the
decision of the Social Security Administration and granting Defendant’s request to remand
this case for further proceedings. See Doc. Nos. 22, 23. Now before the Court is Plaintiff’s
Stipulated Motion for Attorney’s Fees Under the Equal Access to Justice Act, 28 U.S.C.
§§ 2412 et seq. See Pl.’s Stipulated Mot. (Doc. No. 24). Defendant has stipulated to
Plaintiff’s request of $5000.00 in fees. See Pl.’s Stipulated Mot. at 1.
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)). Accordingly, the Court GRANTS Plaintiff’s request
and awards fees in the amount of $5000.00, with said amount to be paid directly to Plaintiff
1

The current Commissioner is hereby substituted as Defendant pursuant to Federal Rule
of Civil Procedure 25(d).

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 in accordance with Weakley v. Bowen, 803 F.2d 575, 580 (10th Cir.
1986).
IT IS SO ORDERED this 30th day of October, 2019.

2