Deloch v. Commissioner of Social Security Administration

Filing 23

ORDER granting 22 Stipulated Motion for Award of Attorney Fees Under the Equal Access to Justice Act. Signed by Honorable Timothy D. DeGiusti on 4/1/19. (kmt)

IN THE UNITED STATES DISTRICT COURT
FOR THE WESTERN DISTRICT OF OKLAHOMA
DONTRELL DELOCH,
Plaintiff,
vs.
NANCY A. BERRYHILL,
Acting Commissioner of
Social Security,
Defendant.

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Case No. CIV-18-578-D

ORDER
The Court, having reviewed the parties’ Stipulated Motion for Award of Attorney
Fees Under the Equal Access to Justice Act [Doc. No. 22], finds it should be GRANTED.
IT IS THERFORE ORDERED that attorney fees are awarded to Plaintiff under the
Equal Access to Justice Act, 28 U.S.C. § 2412, payable to Plaintiff in care of his attorney,
in the amount of $5,000.00.1
IT IS FURTHER ORDERED that if Plaintiff’s counsel subsequently receives an
award of attorney fees under 42 U.S.C. § 406(b), 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 1st day of April, 2019.

1

See Astrue v. Ratliff, 560 U.S. 586 (2010) (EAJA fees are paid to the prevailing party, not the
attorney).