McGriff v. Social Security Administration, No. 6:2009cv00157 - Document 24 (E.D. Okla. 2011)

Court Description: OPINION AND ORDER AWARDING ATTORNEYS' FEES TO THE PLAINTIFF UNDER THE EAJA by Magistrate Judge Steven P. Shreder (Re: 22 Motion for Attorney Fees) (eje, Deputy Clerk)

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McGriff v. Social Security Administration Doc. 24 IN THE UNITED STATES DISTRICT COURT FOR THE EASTERN DISTRICT OF OKLAHOMA RONALD G. MCGRIFF, Plaintiff, v. MICHAEL J. ASTRUE, Commissioner of the Social Security Administration, Defendant. ) ) ) ) ) ) ) ) ) ) ) Case No. CIV-09-157-SPS OPINION AND ORDER AWARDING ATTORNEYS FEES TO THE PLAINTIFF UNDER THE EAJA Plaintiff Ronald G. McGriff was the prevailing party in this action under the Social Security Act. The Plaintiff seeks an award of attorneys fees in the amount of $3,819.90, pursuant to the Equal Access to Justice Act, 28 U.S.C. §2412. The Commissioner agrees to the fee award, but objects to the extent that Plaintiff may be requesting that the fees be paid directly to Plaintiff s attorney. Upon review of the record herein, the Court finds that said 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, 1248-60 (10th Cir. 2007). Dockets.Justia.com Accordingly, IT IS ORDERED that Plaintiff s Motion and Brief in Support For an Award of Attorney s Fees Pursuant to the Equal Access to Justice Act 28 U.S.C. § 2412 [Docket No. 22] is hereby GRANTED, and that the Commissioner is hereby ordered to pay the above-referenced amount 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 4th day of January, 2011. _____________________________________ STEVEN P. SHREDER UNITED STATES MAGISTRATE JUDGE -2-

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