“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
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