Teri Vonne Green v. Frank J. Bisignano, Commissioner of the Social Security Administration

Summary

The United States District Court for the Eastern District of Oklahoma grants Teri Vonne Green’s unopposed motion for attorney’s fees and costs under the Equal Access to Justice Act. The court orders payment of $8,772.00 in attorney’s fees and $405.00 in costs to Green, subject to a refund obligation if counsel later receives fees under 42 U.S.C. § 406(b)(1).

Holdings

1. The court held that Green, as the prevailing party, was entitled to the requested $8,772.00 in attorney's fees and $405.00 in costs because the amounts were reasonable and the Commissioner did not oppose the award.
2. If Green's attorney is later awarded fees under 42 U.S.C. § 406(b)(1), the attorney must refund the smaller fee amount to Green.

Questions Presented

1. Whether the prevailing party was entitled to the requested attorney's fees and costs under the Equal Access to Justice Act.
2. Whether any later award of attorney's fees under 42 U.S.C. § 406(b)(1) would require the attorney to refund the smaller fee amount to the claimant.

Disposition

other