Rogers v. Commissioner of Social Security Administration et al

UNITED STATES DISTRICT COURT
FOR THE WESTERN DISTRICT OF OKLAHOMA
MORGAN ROGERS O/B/O M.G.R., )
)
Plaintiff, )
)
v. ) Case No. CIV-24-826-G
)
LELAND DUDEK, )
Acting Commissioner of the Social )
Security Administration, )
)
Defendant.1 )
ORDER
On January 17, 2025, the Court entered an Order and a Judgment reversing the
decision of the Social Security Administration and remanding this case for further
proceedings. See Doc. Nos. 20, 21. 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. (Doc.
No. 22). Defendant has responded (Doc. No. 23), representing that the parties have
stipulated to an award of $5300.00 in fees.
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
1 The current Acting Administrator is substituted as Defendant pursuant to Federal Rule of
Civil Procedure 25(d).
Case 5:24-cv-00826-G Document 24 Filed 04/04/25 Page 1 of 2

2
(Doc. No. 22) and awards fees in the amount of $5300.00, with said amount to be paid
directly to Plaintiff and sent in care of Lisa McNair Palmer, PO Box 691865, Tulsa,
Oklahoma, 74169. If attorney’s fees are also awarded under 42 U.S.C. § 406(b), Plaintiff’s
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 4th day of April, 2025.
Case 5:24-cv-00826-G Document 24 Filed 04/04/25 Page 2 of 2