Opinion

Biggs v. Commissioner of Social Security Administration

Court
District Court, W.D. Oklahoma
Filed
Feb 1, 2024
Cited by
0 cases
Authority
More cited than 28.6%

The opinion

IN THE UNITED STATES DISTRICT COURT

FOR THE WESTERN DISTRICT OF OKLAHOMA

MICHELLE LYNN BIGGS, )

)

Plaintiff, )

)

v. ) Case No. CIV-23-742-D

)

MARTIN O’MALLEY,1 )

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. 13]. Plaintiff seeks an award of

fees in the amount of $5,321.70 to compensate her attorney for legal services provided in

the case (21.9 hours of attorney time). Plaintiff is the prevailing party in this action under

42 U.S.C. § 405(g) by virtue of the Order of Remand [Doc. No. 11] and Judgment [Doc.

No. 12] entered November 14, 2023. Defendant has responded by stating that he does not

contest an award of attorney fees of $5,321.70 payable to Plaintiff, 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 F. App’x 741, 743-44 (10th Cir. 2008). See Def.’s Resp.

[Doc. No. 16] at 2.

1 Mr. O’Malley became the Commissioner of Social Security on December 20, 2023. See Def.’s

Resp. [Doc. No. 16] at 1 n.1. Under FED. R. CIV. P. 25(d), he is “automatically substituted as a

party.”

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

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 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. 13]

is GRANTED. The Court orders an award of attorney fees to Plaintiff pursuant to the Equal

Access to Justice Act in the amount of $5,321.70. 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 1* day of February, 2024.

\" \

Ny QQ,

TIMOTHY D. DeGIUSTI

Chief United States District Judge

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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