Hutton v. Saul, CIV-17-1259-G. (2019)
Court: District Court, W.D. Oklahoma
Number: infdco20191105794
Visitors: 30
Filed: Oct. 30, 2019
Latest Update: Oct. 30, 2019
Summary: ORDER CHARLES B. GOODWIN , District Judge . On August 28, 2019, the Court entered an Order and a Judgment reversing the decision of the Social Security Administration and granting Defendant's request to remand this case for further proceedings. See Doc. Nos. 22, 23. Now before the Court is Plaintiff's Stipulated Motion for Attorney's Fees Under the Equal Access to Justice Act, 28 U.S.C. 2412 et seq. See Pl.'s Stipulated Mot. (Doc. No. 24). Defendant has stipulated to Plaintiff's req
Summary: ORDER CHARLES B. GOODWIN , District Judge . On August 28, 2019, the Court entered an Order and a Judgment reversing the decision of the Social Security Administration and granting Defendant's request to remand this case for further proceedings. See Doc. Nos. 22, 23. Now before the Court is Plaintiff's Stipulated Motion for Attorney's Fees Under the Equal Access to Justice Act, 28 U.S.C. 2412 et seq. See Pl.'s Stipulated Mot. (Doc. No. 24). Defendant has stipulated to Plaintiff's requ..
More
ORDER
CHARLES B. GOODWIN, District Judge.
On August 28, 2019, the Court entered an Order and a Judgment reversing the decision of the Social Security Administration and granting Defendant's request to remand this case for further proceedings. See Doc. Nos. 22, 23. Now before the Court is Plaintiff's Stipulated Motion for Attorney's Fees Under the Equal Access to Justice Act, 28 U.S.C. §§ 2412 et seq. See Pl.'s Stipulated Mot. (Doc. No. 24). Defendant has stipulated to Plaintiff's request of $5000.00 in fees. See Pl.'s Stipulated Mot. at 1.
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 $5000.00, 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 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
