Driehorst v. Commissioner of Social Security Administration

Filing 27

ORDER granting 25 Motion for Attorney Fees and awarding fees in the amount of $4857.20. Signed by Honorable Charles Goodwin on 01/03/2020. (jb)

UNITED STATES DISTRICT COURT
FOR THE WESTERN DISTRICT OF OKLAHOMA
DANIEL JAMES DRIEHORST,
Plaintiff,
v.
ANDREW SAUL,
Commissioner of Social Security,
Defendant.

)
)
)
)
)
)
)
)
)
)

Case No. CIV-18-433-G

ORDER
On September 23, 2019, the Court entered an Opinion and Order and a Judgment
reversing the decision of the Commissioner and remanding this case for further
proceedings. See Doc. Nos. 23, 24. Plaintiff Daniel James Driehorst 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. 25). Defendant has responded that he has no objection
to the requested fee award. See Def.’s Resp. (Doc. No. 26).
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. No. 25) and awards fees in the amount of $4857.20, with said amount to be paid
directly to Plaintiff and sent in care of Gayle L. Troutman, 1350 S. Boulder Avenue, Suite
410, 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 3rd day of January, 2020.

2