Stanley-Burton v. Commissioner of Social Security Administration ( 2024 )

IN THE UNITED STATES DISTRICT COURT FOR THE WESTERN DISTRICT OF OKLAHOMA CHRISTA LA DAWN ) STANLEY-BURTON, ) ) Plaintiff, ) ) Case No. CIV-24-399-D v. ) ) MARTIN O’MALLEY, Commissioner of ) Social Security Administration, ) ) Defendant. ) ORDER AWARDING ATTORNEY FEES Before the Court is Plaintiff’s Motion for Award of Attorney Fees Pursuant to the Equal Access to Justice Act [Doc. No. 14]. Plaintiff seeks an award of fees in the amount of $5,898.50 to compensate her attorney for legal services provided in the case (23.5 hours of attorney time). Plaintiff is the prevailing party in this action under 42 U.S.C. § 405(g) by virtue of the Judgment and Order of Remand entered July 30, 2024. Defendant has responded [Doc. No. 15] by stating that he has no objection to an award of attorney fees of $5,898.50 payable to Plaintiff, consistent with Astrue v. Ratliff, 560 U.S. 586, 597 (2010) and Manning v. Astrue, 510 F.3d 1246, 1255 (10th Cir. 2007). 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 agreed amount of fees is reasonable. IT IS THEREFORE ORDERED that Plaintiff's Motion for Award of Attorney Fees [Doc. No. 14] is GRANTED. The Court orders an award of attorney fees to Plaintiff pursuant to the Equal Access to Justice Act in the amount of $5,898.50. 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 13" day of September, 2024. Ay 0.O,Pit TIMOTHY D. DeGIUSTI Chief United States District Judge