Tiffin v. Social Security Administration, No. 6:2015cv00413 - Document 24 (E.D. Okla. 2016)
Court Description: OPINION AND ORDER Awarding Attorney's Fees to the Plaintiff Under the EAJA by Magistrate Judge Steven P. Shreder DENYING as moot 21 Motion for Attorney Fees by Malissa K. Duncan Tiffin and GRANTING 23 Stipulated Motion for Award of Attorney Fees by Social Security Administration. (ndd, Deputy Clerk)
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Tiffin v. Social Security Administration Doc. 24 IN THE UNITED STATES DISTRICT COURT FOR THE EASTERN DISTRICT OF OKLAHOMA MALISSA K. DUNCAN TIFFIN, Plaintiff, v. CAROLYN W. COLVIN, Acting Commissioner of the Social Security Administration, Defendant. ) ) ) ) ) ) ) ) ) ) ) Case No. CIV-15-413-SPS OPINION AND ORDER AWARDING ATTORNEY’S FEES TO THE PLAINTIFF UNDER THE EAJA Plaintiff Malissa K. Duncan Tiffin 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 $4,362.50, pursuant to the Equal Access to Justice Act, 28 U.S.C. § 2412(d). See Docket No. 21. The Commissioner subsequently filed a Stipulation of Award of Attorney Fees Under the Equal Access to Justice Act [Docket No. 23], indicating that the parties have stipulated to an attorney’s fee in the amount of $4,000.00. 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. Dockets.Justia.com 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 an Award of Attorney Fees Under the Equal Access to Justice Act [Docket No. 21] is hereby DENIED as moot, and the Commissioner’s Stipulation of Award of Attorney Fees Under the Equal Access to Justice Act [Docket No. 23] is hereby GRANTED and that the Government 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 27TH day of July, 2016. -2-
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