Filed: Feb. 07, 2019
Latest Update: Feb. 07, 2019
Summary: ORDER CHARLES B. GOODWIN , District Judge . Now before the Court is Plaintiff's Motion for an Award of Attorney's Fees Under the Equal Access to Justice Act ("EAJA"), 28 U.S.C. 2412 et seq. (Doc. No. 29), filed December 5, 2018. Plaintiff requests attorney's fees in the amount of $4,874.40. Defendant has failed to respond to Plaintiff's motion within the allotted time; consequently, the Court deems the motion confessed pursuant to LCvR 7.1(g). On consideration of the record, the Court
Summary: ORDER CHARLES B. GOODWIN , District Judge . Now before the Court is Plaintiff's Motion for an Award of Attorney's Fees Under the Equal Access to Justice Act ("EAJA"), 28 U.S.C. 2412 et seq. (Doc. No. 29), filed December 5, 2018. Plaintiff requests attorney's fees in the amount of $4,874.40. Defendant has failed to respond to Plaintiff's motion within the allotted time; consequently, the Court deems the motion confessed pursuant to LCvR 7.1(g). On consideration of the record, the Court ..
More
ORDER
CHARLES B. GOODWIN, District Judge.
Now before the Court is Plaintiff's Motion for an Award of Attorney's Fees Under the Equal Access to Justice Act ("EAJA"), 28 U.S.C. § 2412 et seq. (Doc. No. 29), filed December 5, 2018. Plaintiff requests attorney's fees in the amount of $4,874.40. Defendant has failed to respond to Plaintiff's motion within the allotted time; consequently, the Court deems the motion confessed pursuant to LCvR 7.1(g).
On consideration of the record, the Court finds that Plaintiff is a prevailing party, the amount of the fee requested is reasonable, and there are no special circumstances that make an award of fees unjust in this case. See 28 U.S.C. § 2412(d)(1)(a). Further, the Commissioner has failed to demonstrate that her position was "substantially justified" within the meaning of the EAJA. See Hackett v. Barnhart, 475 F.3d 1166, 1172 (10th Cir. 2007). Accordingly, the Court GRANTS Plaintiff's motion and awards fees in the amount of $4,874.40, payable to Plaintiff, in care of her attorneys, Troutman & Troutman, 1350 S. Boulder, Suite 410, Tulsa, OK 74119. If attorney's fees are also awarded under 42 U.S.C. § 406(b)(1) of the Social Security Act, 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.
