The opinion
IN THE UNITED STATES DISTRICT COURT
FOR THE WESTERN DISTRICT OF OKLAHOMA
MICHAEL SHANE PEARCE, )
)
Plaintiff, )
)
v. ) Case No. CIV-23-619-D
)
MARTIN O’MALLEY1, Commissioner )
of Social Security, )
)
Defendant. )
ORDER
Before the Court is Plaintiff’s Application for Award of Attorney’s Fees Pursuant to
the Equal Access to Justice Act 28 U.S.C. §2412 [Doc. No. 16]. Plaintiff seeks an award of
fees in the amount of $6,779.70 to compensate his attorney for legal services provided in
the case (27.9 hours of attorney time at $243.00 per hour). Plaintiff is the prevailing party
in this action under 42 U.S.C. § 405(g) by virtue of the Judgment and Order entered
November 20, 2023 [Doc. Nos. 14, 15]. Defendant has responded by stating that he does
not oppose the $6,779.70 requested, consistent with Astrue v. Ratliff, 560 U.S. 586, 595-98
(2010), Manning v. Astrue, 510 F.3d 1246, 1255 (10th Cir. 2007), and Brown v. Astrue, 271
Fed. App’x 741, 743-44 (10th Cir. 2008). See Def.’s Resp. at 1-2.
After consideration of the law and the case record, and accepting the representations
in Defendant’s Response, the Court finds: (1) the Commissioner’s position in the case was
1 Mr. O’Malley became the Commissioner of Social Security on December 20, 2023. See Def.’s
Resp. [Doc. No. 17] at 1 n.1. Under FED. R. CIV. P. 25(d), he is “automatically substituted as a
party.”
not substantially justified; (2) Plaintiff is entitled to an award of attorney fees under the
Equal Access to Justice Act, 28 U.S.C. § 2412(d); and (3) the amount of fees requested is
reasonable.
IT IS THEREFORE ORDERED that Plaintiff’s Application for Award of
Attorney’s Fees Pursuant to the Equal Access to Justice Act 28 U.S.C. §2412 [Doc. No. 16]
is GRANTED. The Court orders an award of attorney fees to Plaintiff pursuant to the Equal
Access to Justice Act in the amount of $6,779.70. Should an additional fee award under 42
U.S.C. § 406(b) subsequently be authorized, Plaintiff’s attorney shall refund the smaller
amount to Plaintiff as required by Weakley v. Bowen, 803 F.2d 575, 580 (10th Cir. 1986).
IT IS SO ORDERED this 4" day of January, 2024.
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Q: □□
TIMOTHY D. DeGIUSTI
Chief United States District Judge