Kelley v. Berryhill, CIV-18-695-G. (2019)
Court: District Court, W.D. Oklahoma
Number: infdco20190308d56
Visitors: 8
Filed: Mar. 06, 2019
Latest Update: Mar. 06, 2019
Summary: ORDER CHARLES B. GOODWIN , District Judge . On February 1, 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 Doc. Nos. 13, 14. Now before the Court is Plaintiff Janet Kelley's Motion for Attorney's Fees under the Equal Access to Justice Act, 28 U.S.C. 2412 et seq. See Pl.'s Mot. (Doc. No. 15). Plaintiff has notified the Court that Defendant has no objection to Plaintiff's
Summary: ORDER CHARLES B. GOODWIN , District Judge . On February 1, 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 Doc. Nos. 13, 14. Now before the Court is Plaintiff Janet Kelley's Motion for Attorney's Fees under the Equal Access to Justice Act, 28 U.S.C. 2412 et seq. See Pl.'s Mot. (Doc. No. 15). Plaintiff has notified the Court that Defendant has no objection to Plaintiff's r..
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ORDER
CHARLES B. GOODWIN, District Judge.
On February 1, 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 Doc. Nos. 13, 14. Now before the Court is Plaintiff Janet Kelley's Motion for Attorney's Fees under the Equal Access to Justice Act, 28 U.S.C. §§ 2412 et seq. See Pl.'s Mot. (Doc. No. 15). Plaintiff has notified the Court that Defendant has no objection to Plaintiff's request. See id. at 1-2.
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 $4818.00, with said amount to be paid directly to Plaintiff and sent in care of Miles L. Mitzner, P.O. Box 5700, Edmond, Oklahoma, 73083. 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.
Source: Leagle
