Kelley v. Berryhill, CIV-17-1055-CG. (2018)
Court: District Court, W.D. Oklahoma
Number: infdco20180703e09
Visitors: 8
Filed: Jul. 02, 2018
Latest Update: Jul. 02, 2018
Summary: ORDER CHARLES B. GOODWIN , Magistrate Judge . On May 30, 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. 17, 18. Plaintiff James B. Kelley now requests an award of attorney's fees pursuant to the Equal Access to Justice Act, 28 U.S.C. 2412. See Pl.'s Unopposed Mot. Att'y Fees (Doc. No. 19). Defendant has notified the Court that she has no objection to the reques
Summary: ORDER CHARLES B. GOODWIN , Magistrate Judge . On May 30, 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. 17, 18. Plaintiff James B. Kelley now requests an award of attorney's fees pursuant to the Equal Access to Justice Act, 28 U.S.C. 2412. See Pl.'s Unopposed Mot. Att'y Fees (Doc. No. 19). Defendant has notified the Court that she has no objection to the request..
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ORDER
CHARLES B. GOODWIN, Magistrate Judge.
On May 30, 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. 17, 18. Plaintiff James B. Kelley now requests an award of attorney's fees pursuant to the Equal Access to Justice Act, 28 U.S.C. § 2412. See Pl.'s Unopposed Mot. Att'y Fees (Doc. No. 19). Defendant has notified the Court that she has no objection to the requested fee award. See id.
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)). The Court therefore GRANTS Plaintiff's request and awards fees in the amount of $5220.50, with said amount to be paid directly to Plaintiff and sent in care of Kyle J. Saunders, P.O. Box 1605, Ada, Oklahoma, 74820. 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).
IT IS SO ORDERED.
Source: Leagle
