Miller v. Commissioner of Social Security Administration
Filing
25
ORDER granting 23 Motion for Attorney Fees and awarding fees in the amount of $1850.00. Signed by Honorable Charles Goodwin on 03/06/2019. (jb)
UNITED STATES DISTRICT COURT
FOR THE WESTERN DISTRICT OF OKLAHOMA
SANDRA JEAN MILLER,
Plaintiff,
v.
NANCY A. BERRYHILL, Acting
Commissioner of Social Security,
Defendant.
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Case No. CIV-18-523-G
ORDER
On October 26, 2018, the Court entered an Order and a Judgment reversing the
decision of the Social Security Administration and remanding this case for further
proceedings. See Doc. Nos. 21, 22. Now before the Court is Plaintiff Sandra Jean Miller’s
Motion for Attorney’s Fees under the Equal Access to Justice Act, 28 U.S.C. §§ 2412 et
seq. See Pl.’s Mot. (Doc. No. 23). Defendant has notified the Court that she has no
objection to Plaintiff’s request. See Def.’s Resp. (Doc. No. 24).
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 $1850.00, with said amount to be paid directly to Plaintiff
and sent in care of Kenneth R. Massey, 1507 N. Shawnee Avenue, Shawnee, Oklahoma,
74804. 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 6th day of March, 2019.
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