Noble v. Commissioner of the Social Security Administration, CIV-17-464-SPS. (2019)
Court: District Court, E.D. Oklahoma
Number: infdco20190705c68
Visitors: 10
Filed: Jul. 03, 2019
Latest Update: Jul. 03, 2019
Summary: OPINION AND ORDER AWARDING ATTORNEY'S FEES TO THE PLAINTIFF UNDER THE EAJA STEVEN P. SHREDER , Magistrate Judge . Plaintiff Jeannie L. Noble was the prevailing party in this action under the Social Security Act. Plaintiff seeks an award of attorney's fees in the amount of $4,709.80, pursuant to the Equal Access to Justice Act, 28 U.S.C. 2412(d). 1 The Commissioner has no objection to the fee award. Upon review of the record herein, the Court finds that said amount is reasonable and that
Summary: OPINION AND ORDER AWARDING ATTORNEY'S FEES TO THE PLAINTIFF UNDER THE EAJA STEVEN P. SHREDER , Magistrate Judge . Plaintiff Jeannie L. Noble was the prevailing party in this action under the Social Security Act. Plaintiff seeks an award of attorney's fees in the amount of $4,709.80, pursuant to the Equal Access to Justice Act, 28 U.S.C. 2412(d). 1 The Commissioner has no objection to the fee award. Upon review of the record herein, the Court finds that said amount is reasonable and that ..
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OPINION AND ORDER AWARDING ATTORNEY'S FEES TO THE PLAINTIFF UNDER THE EAJA
STEVEN P. SHREDER, Magistrate Judge.
Plaintiff Jeannie L. Noble was the prevailing party in this action under the Social Security Act. Plaintiff seeks an award of attorney's fees in the amount of $4,709.80, pursuant to the Equal Access to Justice Act, 28 U.S.C. § 2412(d).1 The Commissioner has no objection to the fee award.
Upon review of the record herein, the Court finds that said 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 Plaintiff's Motion and Brief in Support for an Award of Attorney's Fees Under the Equal Access to Justice Act 28 U.S.C. § 2412 [Docket No. 18] is hereby granted and that the Government is hereby ordered to pay the above-referenced amount 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).
FootNotes
1. The Plaintiff's motion appears to contain a scrivener's error regarding the 2019 billing rate, in which he requested $2,019.00 per hour for 1.8 hours of work, resulting in a total fee request of $7,980.40. However, the billing record attached as Exhibit 1 indicates a 2019 billing rate of $202.00 per hour for 1.8 hours of work, and a total fee request of $4,709.80. When this scrivener's error was pointed out by the Commissioner, the Plaintiff did not challenge the Commissioner's interpretation of an actual fee request of $4,709.80, instead of $7,980.40.
Source: Leagle