Wood v. Commissioner of Social Security Administration, No. 5:2018cv01160 - Document 30 (W.D. Okla. 2020)
Court Description: MEMORANDUM OPINION AND ORDER granting 28 MOTION for Attorney Fees under the Equal Access to Justice Act. Signed by Honorable Robin J. Cauthron on 02/18/20. (wh)
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Wood v. Commissioner of Social Security Administration Doc. 30 IN THE UNITED STATES DISTRICT COURT FOR THE WESTERN DISTRICT OF OKLAHOMA DOUGLAS WADE WOOD, Plaintiff, vs. ANDREW SAUL, Commissioner of the Social Security Administration, Defendant. ) ) ) ) ) ) ) ) ) ) ) Case Number CIV-18-1160-C MEMORANDUM OPINION AND ORDER Having recently obtained a remand to the Commissioner for further proceedings, Plaintiff has filed an Application for Award of Attorney’s Fees Under the Equal Access to Justice Act, 28 U.S.C. § 2412 (“EAJA”). Defendant does not object to the fee request, but notes that pursuant to Astrue v. Ratliff, 560 U.S. 586 (2010), fee awards under the EAJA must be made to the party, not the attorney. After consideration of Plaintiff’s request and the relevant time entries, the Court finds Plaintiff’s motion should be granted. Defendant is directed to issue payment in accordance with the governing law. Additionally, in the event Plaintiff later requests and receives an attorneys’ fee award pursuant to 42 U.S.C. § 406(b), the smaller amount should be refunded to Plaintiff by his counsel. Weakley v. Bowen, 803 F.2d 575, 580 (10th Cir. 1986). Dockets.Justia.com As set forth more fully herein, Plaintiff’s Application for an Award of Attorneys’s Fees Under the Equal Access to Justice Act (Dkt. No. 28) is GRANTED. Plaintiff is awarded attorney’s fees in the amount of $5,147.60. IT IS SO ORDERED this 18th day of February 2020. 2
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