Opinion

Brown v. Social Security Administration

Court
District Court, E.D. Oklahoma
Filed
Apr 25, 2024
Cited by
0 cases
Authority
More cited than 28.5%

“The EAJA therefore permits attorney’s fees reimbursement to financially eligible prevailing parties, who make a proper application, and not to their attorneys.”

How later courts described this case

  • “The EAJA therefore permits attorney’s fees reimbursement to financially eligible prevailing parties, who make a proper application, and not to their attorneys.”

Written by the judges who cited it.

The opinion

IN THE UNITED STATES DISTRICT COURT

FOR THE EASTERN DISTRICT OF OKLAHOMA

MARY GENE BROWN, )

)

Plaintiff, )

)

vs. )

)

Case No. CIV-24-33-GLJ

MARTIN O’MALLEY, )

Commissioner of the Social )

Security Administration, )

)

Defendant. )

OPINION AND ORDER AWARDING

ATTORNEY’S FEES TO THE PLAINTIFF UNDER THE EAJA

Plaintiff Mary Gene Brown is the prevailing party in this action under the Social

Security Act. Plaintiff seeks an award of attorney’s fees in the amount of $784.00 pursuant

to the Equal Access to Justice Act, 28 U.S.C. § 2412(d) [Docket No. 15]. The

Commissioner has no objection to the fee award [Docket No. 16].

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 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

attorney’s fees reimbursement to financially eligible prevailing parties, who make a proper

application, and not to their attorneys.”).

Accordingly, IT IS ORDERED that Plaintiff’s Motion for Award of Attorney Fees

Pursuant to the Equal Access to Justice Act [Docket No. 15] is hereby granted and that the

Government is therefore ordered to pay the above-referenced amount to Plaintiff as the

prevailing party herein. IT IS FURTHER ORDERED that if 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 25th day of April, 2024.

______________________________________

GERALD L. JACKSON

UNITED STATES MAGISTRATE JUDGE

2

This is a copy of a public record, reproduced as it was published. It is not legal advice, and it may not be the version a court would rely on. Check the official source before you cite it.

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