Roberson v. Social Security Administration

IN THE UNITED STATES DISTRICT COURT
FOR THE EASTERN DISTRICT OF OKLAHOMA
JENNIFER ROBERSON, 	)
)
Plaintiff, 	)
v. 	) 	Case No. CIV-23-294-GLJ
)
MARTIN O’MALLEY,1 )
Commissioner of the Social 	)
Security Administration, 	)
)
Defendant. 	)
OPINION AND ORDER AWARDING
ATTORNEY’S FEES TO THE PLAINTIFF UNDER THE EAJA
Plaintiff Jennifer Roberson was the prevailing party in this action under the Social
Security Act following an Unopposed Moton to Remand in this case. Plaintiff originally
sought an award of attorney’s fees in the amount of $7,420.25 for 28.85 hours of attorney
work and 3.2 hours of paralegal work, pursuant to the Equal Access to Justice Act, 28
U.S.C. § 2412(d) [Docket No. 19 & Ex. 1]. The Commissioner’s Response indicates that
the parties have now agreed to an award of fees in the amount of $7,000.00 [Docket No.
21], a reduction of $420.25.
Upon review of the record herein, the Court finds that the agreed amount is
reasonable and that the Commissioner should be ordered to pay it to the Plaintiff as the
prevailing party herein. See 28 U.S.C. § 2412(d)(1)(A) (“Except as otherwise specifically
1 On December 20, 2023, Martin J. O’Malley became the Commissioner of Social Security. 	In
accordance with Fed. R. Civ. P. 25(d), Mr. O’Malley is substituted for Kilolo Kijakazi as the
Defendant in this action.
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provided by statute, a court shall award to a prevailing party other than the United States
fees and other expenses, in addition to any costs awarded pursuant to subsection (a),
incurred by that party in any civil action (other than cases sounding in tort)[.]”); see also
Manning v. Astrue, 510 F.3d 1246, 1251 (10th Cir. 2007) (“The EAJA therefore permits
attorney’s fees reimbursement to financially eligible prevailing parties, who make a proper
application, and not to their attorneys.”).
Accordingly, IT IS ORDERED that the Plaintiff’s Motion for Attorney’s Fees
Under the Equal Access to Justice Act [Docket No. 19] is hereby GRANTED IN PART,
to the extent that the Government is hereby ordered to pay the agreed-upon $7,000.00 fee
award to the Plaintiff as the prevailing party herein. IT IS FURTHER ORDERED that if
the Plaintiff’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 Plaintiff pursuant to
Weakley v. Bowen, 803 F.2d 575, 580 (10th Cir. 1986).
DATED this 15th day of May, 2024.
______________________________________
GERALD L. JACKSON
UNITED STATES MAGISTRATE JUDGE
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