Barham v. Commissioner of Social Security
Filing
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ORDER granting 23 Motion for Attorney Fees and 25 Motion for Attorney Fees and awarding fees in the amount of $3500. Signed by Honorable Charles Goodwin on 05/23/2019. (jb)
UNITED STATES DISTRICT COURT
FOR THE WESTERN DISTRICT OF OKLAHOMA
LORI LEIGH BARHAM,
Plaintiff,
v.
NANCY A. BERRYHILL, Acting
Commissioner of Social Security,
Defendant.
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Case No. CIV-18-151-G
ORDER
On March 29, 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. 21, 22. Plaintiff Lori Leigh Barham now requests an award
of attorney’s fees pursuant to the Equal Access to Justice Act, 28 U.S.C. § 2412. See Pl.’s
Mots. Att’y Fees (Doc. Nos. 23, 25). Defendant has notified the Court that the parties have
stipulated to a request of $3500 in EAJA fees in this matter. See Doc. No. 25.
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
(Doc. Nos. 23, 25) and awards fees in the amount of $3500, with said amount to be paid
directly to Plaintiff and sent in care of Gary W. Jones, 414 NW 4th Street, Suite 140,
Oklahoma City, Oklahoma 73102. 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 23rd day of May, 2019.
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