Perez v. Social Security Administration

IN THE UNITED STATES DISTRICT COURT
FOR THE EASTERN DISTRICT OF OKLAHOMA
CHRISTIE M. PEREZ, 	)
)
Plaintiff, 	)
v. 	) 	Case No. CIV-23-13-SPS
)
MARTIN O’MALLEY, 	)
Commissioner of the Social 	)
Security Administration, 	)
)
Defendant. 	)
OPINION AND ORDER AWARDING ATTORNEY FEES
Plaintiff was the prevailing party in this appeal of the Commissioner of the Social Security
Administration’s decision denying benefits under the Social Security Act. She seeks an award of
attorney fees in the amount of $8,483.50 under the Equal Access to Justice Act, 28 U.S.C. § 2412
et seq. (Doc. 22). The Commissioner indicates that he has no objection to the amount requested by
Plaintiff. (Doc. 23).
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), 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.”).
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Accordingly, IT IS ORDERED that the Plaintiff’s Motion for Award of Attorney Fees
Pursuant to the Equal Access to Justice Act (Doc. 22) is hereby GRANTED, and the Commissioner
is ordered to pay attorney fees in the amount of $8,483.50 to the Plaintiff as the prevailing party.
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).
IT IS SO ORDERED this 29th day of April, 2024.
______________________________________
STEVEN P. SHREDER
UNITED STATES MAGISTRATE JUDGE
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