The opinion
IN THE UNITED STATES DISTRICT COURT
FOR THE WESTERN DISTRICT OF OKLAHOMA
JOHN BROWN, )
)
Plaintiff, )
)
vs. ) Case Number CIV-20-278-C
)
ANDREW SAUL, )
Commissioner of the Social Security )
Administration, )
)
Defendant. )
MEMORANDUM OPINION AND ORDER
Having recently obtained a remand to the Commissioner for further proceedings,
Plaintiff has filed an Application for 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 attorney’s 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).
As set forth more fully herein, Plaintiff’s Application for Award of Attorney’s Fees
under the Equal Access to Justice Act (Dkt. No. 32) is GRANTED. Plaintiff is awarded
attorney’s fees in the amount of $2,974.00.
IT IS SO ORDERED this 6th day of July 2021.
ROBIN J. etl
United States District Judge