Cook v. Commissioner of Social Security Administration et al

IN THE UNITED STATES DISTRICT COURT
FOR THE WESTERN DISTRICT OF OKLAHOMA
PERRY JAMES COOK, 	)
)
Plaintiff, 	)
)
v. 	) 	Case No. CIV-25-973-SLP
)
FRANK BISIGNANO, 	)
Commissioner of Social Security, 	)
)
Defendant. 	)
O R D E R
Before the Court is Plaintiff’s Motion for Award of Attorney Fees [Doc. No. 20].
Plaintiff seeks an award of attorney fees pursuant to the Equal Access to Justice Act, 28
U.S.C. § 2412. Defendant has filed a Response [Doc. No. 21].
Defendant represents to the Court that he does not oppose an award of $8,875.20 in
in attorneys’ fees and expenses. 	Resp. at 1. 	The Court has reviewed the documentation
submitted by Plaintiff and finds that the requested fee of $8,875.20 is supported by the
documentation. 	Additionally, the Court finds the requested amount represents a fair and
reasonable fee for the work performed by Plaintiff’s counsel in this case.
Upon review and pursuant to the parties’ representations, the Court GRANTS
Plaintiff’s Motion and ORDERS as follows:
1. 	Defendant will pay a total of $8,875.20 in EAJA fees. Defendant is directed
to pay the amount directly to Plaintiff, in accordance with the requirements of the EAJA
and may do so by forwarding the amount to Plaintiff in care of her attorney. See Astrue v.
Ratliff, 560 U.S. 586 (2010); Manning v. Astrue, 510 F.3d 1246 (10th Cir. 2007).
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2. 	Defendant’s payment of the EAJA fees bars any and all claims Plaintiff may
have relating to such award in connection with this action.
3. 	Defendant’s payment of the EAJA fees is without prejudice to Plaintiff’s
right to seek attorney fees under section 406(b) of the Social Security Act, 42 U.S.C.
§ 406(b), subject to the offset provisions of the EAJA, 28 U.S.C. § 2412(c)(1).
4. 	If Plaintiff’s counsel is awarded attorney fees pursuant to § 406(b), Plaintiff’s
counsel must refund the smaller award to Plaintiff. See Weakley v. Bowen, 803 F.2d 575,
580 (10th Cir. 1986).
IT IS SO ORDERED this 13 th day of April, 2026.
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