Walling v. Berryhill, CIV-17-884-G. (2019)
Court: District Court, W.D. Oklahoma
Number: infdco20190422d67
Visitors: 8
Filed: Apr. 19, 2019
Latest Update: Apr. 19, 2019
Summary: ORDER CHARLES B. GOODWIN , District Judge . On February 25, 2019, the Court entered an Opinion and Order and a Judgment reversing the decision of the Acting Commissioner and remanding this case for further proceedings. See Doc. Nos. 28, 29. Plaintiff Robert John Walling 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. 30). Defendant has filed no objection to Plaintiff's request within the time al
Summary: ORDER CHARLES B. GOODWIN , District Judge . On February 25, 2019, the Court entered an Opinion and Order and a Judgment reversing the decision of the Acting Commissioner and remanding this case for further proceedings. See Doc. Nos. 28, 29. Plaintiff Robert John Walling 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. 30). Defendant has filed no objection to Plaintiff's request within the time all..
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ORDER
CHARLES B. GOODWIN, District Judge.
On February 25, 2019, the Court entered an Opinion and Order and a Judgment reversing the decision of the Acting Commissioner and remanding this case for further proceedings. See Doc. Nos. 28, 29. Plaintiff Robert John Walling 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. 30). Defendant has filed no objection to Plaintiff's request within the time allowed. See LCvR 54.2.
Having considered Plaintiff's unopposed request and the relevant record, the Court finds that: (1) Plaintiff "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. 30) and awards fees in the amount of $4093.70, with said amount to be paid directly to Plaintiff and sent in care of Gayle L. Troutman, 1350 S. Boulder, 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).
Source: Leagle
