Johnson v. Social Security Administration, No. 6:2022cv00058 - Document 21 (E.D. Okla. 2023)
Court Description: OPINION AND ORDER by Magistrate Judge Gerald L. Jackson granting Plaintiff's 19 Motion for Attorney's Fees Pursuant to the Equal Access to Justice Act, 28 U.S.C. Sec. 2412(d). (pmb, Deputy Clerk)
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Johnson v. Social Security Administration Doc. 21 6:22-cv-00058-GLJ Document 21 Filed in ED/OK on 03/13/23 Page 1 of 2 IN THE UNITED STATES DISTRICT COURT FOR THE EASTERN DISTRICT OF OKLAHOMA ATHENA JOHNSON, Plaintiff, v. KILOLO KIJAKAZI, Commissioner of the Social Security Administration, Defendant. ) ) ) ) ) ) ) ) ) ) Case No. CIV-22-58-GLJ OPINION AND ORDER AWARDING ATTORNEY’S FEES TO THE PLAINTIFF UNDER THE EAJA Plaintiff Athena Johnson was the prevailing party in this action under the Social Security Act. Plaintiff seeks an award of attorney’s fees in the amount of $3,478.00, as well as costs in the amount of $402.00, pursuant to the Equal Access to Justice Act, 28 U.S.C. § 2412(d) [Docket No. 19]. The Commissioner has no objection [Docket No. 20]. Upon review of the record herein, the Court finds that the requested 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 Dockets.Justia.com 6:22-cv-00058-GLJ Document 21 Filed in ED/OK on 03/13/23 Page 2 of 2 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’s Fees Pursuant to the Equal Access to Justice Act, 28 U.S.C. § 2412(d) [Docket No. 19] 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 13th day of March, 2023. ______________________________________ GERALD L. JACKSON UNITED STATES MAGISTRATE JUDGE 2
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