Koschnitzke v. Commissioner of Social Security Administration ( 2019 )

UNITED STATES DISTRICT COURT FOR THE WESTERN DISTRICT OF OKLAHOMA TAMARA KOSCHNITZKE, ) ) Plaintiff, ) ) v. ) Case No. CIV-18-1145-G ) ANDREW SAUL, ) Commissioner of Social Security, ) ) Defendant. ) ORDER On June 27, 2019, the Court entered an Order and a Judgment reversing the decision of the Social Security Administration and granting Defendant’s request to remand this case for further proceedings. See Doc. Nos. 18, 19. Now before the Court is Plaintiff’s Motion for Attorney’s Fees Under the Equal Access to Justice Act, 28 U.S.C. §§ 2412 et seq. See Pl.’s Mot. (Doc. No. 20) and supplements thereto (Doc. Nos. 22, 23). Plaintiff’s Motion represents that Defendant has stipulated to Plaintiff’s request of $5750.00 in fees. See Pl.’s Mot. at 1. Having considered Plaintiff’s unopposed request and the relevant record, the Court finds that: “(1) [P]laintiff is a ‘prevailing party’; (2) the position of the United States was not ‘substantially justified’; and (3) there are no special circumstances that make an award of fees unjust” in this case. Hackett v. Barnhart, 475 F.3d 1166, 1172 (10th Cir. 2007) (quoting 28 U.S.C. § 2412(d)(1)(A)). Accordingly, the Court GRANTS Plaintiff’s request and awards fees in the amount of $5750.00, with said amount to be paid directly to Plaintiff and sent in care of Miles L. Mitzner, P.O. Box 5700, Edmond, Oklahoma, 73083. If attorney’s fees are also awarded under 42 U.S.C. § 406(b), Plaintiffs counsel shall refund the smaller award to Plaintiff in accordance with Weakley v. Bowen, 803 F.2d 575, 580 (10th Cir. 1986). IT IS SO ORDERED this 19th day of September, 2019. CHARLES B. GOODWIN United States District Judge