Summary
This federal district court order resolves a stipulated motion for attorney's fees under the Equal Access to Justice Act in a Social Security appeal. The court finds the parties' agreed-upon award of $7,500.00 reasonable and directs the government to remit payment to the prevailing claimant. The order further mandates that any future statutory fees awarded under 42 U.S.C. § 406(b)(1) must be refunded to the claimant if they are less than the EAJA award.
Topics
Practice areas
Questions Presented
- Whether the stipulated attorney-fee award of $7,500 is reasonable and should be granted under 28 U.S.C. § 2412(d).
- Whether the court must order a refund if a larger fee award is later granted under 42 U.S.C. § 406(b)(1).
Holdings
- The court granted the stipulated motion for attorney fees, ordering the Government to pay $7,500 to the prevailing party.
- If a larger fee award is later granted, the attorney must refund the smaller amount to the claimant, per Weakley v. Bowen.
Key quotations
“Accordingly, IT IS ORDERED that Plaintiff’s Motion for Award of Attorney Fees Pursuant to the Equal Access to Justice Act [Docket No. 20] is hereby denied as MOOT, and the Stipulated Motion for Attorney Fees Under the Equal Access to Justice Act [Docket No. 21] is hereby GRANTED.” (at end of opinion)
“IT IS FURTHER ORDERED that if Claimant’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 Claimant pursuant to Weakley v. Bowen, 803 F.2d 575, 580 (10th Cir. 1986).” (at end of opinion)
Factual background
Kenneth Wayne Mize prevailed in a Social Security Act action and sought attorney's fees under the Equal Access to Justice Act.
Procedural history
The plaintiff prevailed on the merits of his Social Security claim and moved for attorney's fees under EAJA. The parties stipulated to a fee award of $7,500, and the court reviewed the stipulation.