Summary
This amended opinion and order from the United States District Court for the Eastern District of Oklahoma addresses a motion for attorney fees filed by the plaintiff under the Equal Access to Justice Act. After prevailing in her appeal of a Social Security Administration decision denying benefits, the plaintiff sought $4,681.40 in fees, which the Commissioner did not oppose. The court found the requested amount reasonable and granted the motion, ordering the Commissioner to pay the fees to the plaintiff while noting potential adjustments if statutory attorney fees are later awarded under 42 U.S.C. § 406(b)(1).
Topics
Practice areas
Questions Presented
- Whether the plaintiff is a prevailing party entitled to attorney fees under the Equal Access to Justice Act.
- Whether the agreed fee amount of $4,681.40 is reasonable and should be awarded.
Holdings
- The plaintiff is a prevailing party and is entitled to attorney fees under 28 U.S.C. §2412(d)(1)(A).
- The agreed amount of $4,681.40 is reasonable and is awarded to the plaintiff.
Key quotations
“IT IS ORDERED that the Plaintiff’s Motion for Award of Attorney Fees Pursuant to the Equal Access to Justice Act (Doc. 18) is hereby GRANTED, and the Commissioner is ordered to pay attorney fees in the amount of $4,681.40 to the Plaintiff as the prevailing party.” (at 1)
Factual background
Plaintiff was denied Social Security benefits. She appealed the decision and sought attorney fees under the EAJA. The parties agreed to an attorney fee amount of $4,681.40.
Procedural history
The plaintiff appealed the Social Security Administration's denial of benefits. The district court reviewed the appeal and the request for attorney fees.