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Packingham v. Commissioner of Social Security Administration, CIV-17-195-SPS. (2018)

Court: District Court, E.D. Oklahoma Number: infdco20181113n08 Visitors: 7
Filed: Nov. 09, 2018
Latest Update: Nov. 09, 2018
Summary: OPINION AND ORDER AWARDING ATTORNEY'S FEES TO THE PLAINTIFF UNDER THE EAJA STEVEN P. SHREDER , Magistrate Judge . Plaintiff Reggie Flynn Packingham was the prevailing party in this action under the Social Security Act. The parties have now filed a Joint Stipulation for EAJA Fees [Docket No. 24], indicating that the parties have stipulated to an attorney's fee in the amount of $6,500.00. Upon review of the record herein, the Court finds that the agreed amount is reasonable and that the Comm
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OPINION AND ORDER AWARDING ATTORNEY'S FEES TO THE PLAINTIFF UNDER THE EAJA

Plaintiff Reggie Flynn Packingham was the prevailing party in this action under the Social Security Act. The parties have now filed a Joint Stipulation for EAJA Fees [Docket No. 24], indicating that the parties have stipulated to an attorney's fee in the amount of $6,500.00.

Upon review of the record herein, the Court finds that the agreed amount is reasonable and that the Commissioner should be ordered to pay it to the Plaintiff as the prevailing party herein. See 28 U.S.C. § 2412(d)(1)(A) ("Except as otherwise specifically provided by statute, a court shall award to a prevailing party other than the United States fees and other expenses, in addition to any costs awarded pursuant to subsection (a), incurred by that party in any civil action (other than cases sounding in tort)[.]"); see also Manning v. Astrue, 510 F.3d 1246, 1251 (10th Cir. 2007) ("The EAJA therefore permits attorney's fees reimbursement to financially eligible prevailing parties, who make a proper application, and not to their attorneys.").

Accordingly, IT IS ORDERED that the Joint Stipulation for EAJA Fees [Docket No. 24] is hereby GRANTED, and that the Government is hereby ordered to pay the agreed-upon amount referenced above to the Plaintiff as the prevailing party herein. IT IS FURTHER ORDERED that if the Plaintiff's attorney is subsequently awarded any fees pursuant to 42 U.S.C. § 406(b)(1), said attorney shall refund the smaller amount of such fees to the Plaintiff pursuant to Weakley v. Bowen, 803 F.2d 575, 580 (10th Cir. 1986).

Source:  Leagle

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