Matlock v. Commissioner of Social Security Administration

Filing 31

ORDER granting 30 Motion for Attorney Fees. Signed by Honorable David L. Russell on 6/4/19. (jw)

IN THE UNITED STATES DISTRICT COURT
FOR THE WESTERN DISTRICT OF OKLAHOMA
CHRISTIE FAITH MATLOCK,
Plaintiff,
v.
NANCY A. BERRYHILL,
Acting Commissioner of the Social Security
Administration,
Defendant.

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) Case No. CIV-18-515-R
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ORDER
Before the Court is Plaintiff’s Application for Award of Attorney’s Fees Under the
Equal Access to Justice Act (“EAJA”), 28 U.S.C. § 2412. See Doc. 30. Plaintiff seeks
EAJA attorneys’ fees in the amount of $5,429.60. Defendant has filed no objection or
response to Plaintiff’s motion. The Court finds that Plaintiff is the prevailing party herein;
that Defendant has not demonstrated that her position herein was substantially justified;
that Plaintiff’s net worth does not and did not at the time this action was filed exceed
$2,000,000; that there are no special circumstances that would make an EAJA award
unjust; and that the amount of time expended, the hourly fees, and the total fees sought are
reasonable. Therefore, Plaintiff’s motion for EAJA attorneys’ fees in the amount of
$5,429.60 is GRANTED. In the event the EAJA fees awarded to Plaintiff are paid to
Plaintiff’s counsel and Plaintiff’s counsel later recovers fees pursuant to 42 U.S.C. §
406(b), Plaintiff’s counsel shall refund the smaller award of attorneys’ fees to Plaintiff.

IT IS SO ORDERED this 4th day of June, 2019.