Butts v. Saul, CIV-17-206-G. (2019)
Court: District Court, W.D. Oklahoma
Number: infdco20190920b55
Visitors: 16
Filed: Sep. 19, 2019
Latest Update: Sep. 19, 2019
Summary: ORDER CHARLES B. GOODWIN , District Judge . On June 6, 2019, the Court entered an Order and a Judgment reversing the decision of the Social Security Administration and remanding this case for further proceedings. See Op. & Order (Doc. No. 24); J. (Doc. No. 25). Now before the Court is Plaintiff Cindy D. Butts' Application for Award of Attorney's Fees Pursuant to the Equal Access to Justice Act, 28 U.S.C. 2412. See Pl.'s Mot. (Doc. No. 26). Defendant has notified the Court that he has
Summary: ORDER CHARLES B. GOODWIN , District Judge . On June 6, 2019, the Court entered an Order and a Judgment reversing the decision of the Social Security Administration and remanding this case for further proceedings. See Op. & Order (Doc. No. 24); J. (Doc. No. 25). Now before the Court is Plaintiff Cindy D. Butts' Application for Award of Attorney's Fees Pursuant to the Equal Access to Justice Act, 28 U.S.C. 2412. See Pl.'s Mot. (Doc. No. 26). Defendant has notified the Court that he has ..
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ORDER
CHARLES B. GOODWIN, District Judge.
On June 6, 2019, the Court entered an Order and a Judgment reversing the decision of the Social Security Administration and remanding this case for further proceedings. See Op. & Order (Doc. No. 24); J. (Doc. No. 25). Now before the Court is Plaintiff Cindy D. Butts' Application for Award of Attorney's Fees Pursuant to the Equal Access to Justice Act, 28 U.S.C. § 2412. See Pl.'s Mot. (Doc. No. 26). Defendant has notified the Court that he has no objection to Plaintiff's request. See Def.'s Resp. (Doc. No. 27).
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 $5333.70, with said amount to be paid directly to Plaintiff and sent in care of Marianna E. McKnight, 2448 E. 81st St., Suite 2038, Tulsa, Oklahoma, 74137. 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.
FootNotes
1. The current Commissioner is hereby substituted as Defendant pursuant to Federal Rule of Civil Procedure 25(d).
Source: Leagle
