Carey v. Social Security Administration

IN THE UNITED STATES DISTRICT COURT
FOR THE EASTERN DISTRICT OF OKLAHOMA
CRAIG N. CAREY, 	)
)
Plaintiff, 	)
v. 	) 	Case No. CIV-21-209-GLJ
)
KILOLO KIJAKAZI, 	)
Commissioner of the Social 	)
Security Administration, 	)
)
Defendant. 	)
OPINION AND ORDER AWARDING
ATTORNEY’S FEES TO THE PLAINTIFF UNDER THE EAJA
Plaintiff Craig N. Carey was the prevailing party in this action under the Social
Security Act. 	Plaintiff originally sought an award of attorney’s fees in the amount of
$6,766.70 for 29.4 hours of attorney work, pursuant to the Equal Access to Justice Act, 28
U.S.C. § 2412(d) [Docket No. 31]. 	The Commissioner subsequently filed “Defendant’s
Response to Plaintiff’s Motion for Award for Attorney Fees Under the Equal Access to
Justice Act” [Docket No. 32], indicating that the parties have agreed to an award of fees in
the amount of $6,000.00.
Upon review of the record herein, the Court finds that the agreed 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),
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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 for Award of Attorney
Fees Pursuant to the Equal Access to Justice Act [Docket No. 31] is hereby GRANTED IN
PART, to the extent that the Government is hereby ordered to pay the agreed-upon
$6,000.00 fee award 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).
DATED this 3rd day of February, 2023.
______________________________________
GERALD L. JACKSON
UNITED STATES MAGISTRATE JUDGE
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