Ligons v. Social Security Administration

IN THE UNITED STATES DISTRICT COURT
FOR THE EASTERN DISTRICT OF OKLAHOMA
REGINALD DON LIGONS,
Plaintiff,
vs.
KILOLO KIJAKAZI,
Acting Commissioner of Social
Security,
Defendant.
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Case No. CIV-23-190-GLJ
OPINION AND ORDER AWARDING
ATTORNEY’S FEES TO THE PLAINTIFF UNDER THE EAJA
Plaintiff Reginald Don Ligons is considered the prevailing party in this action under
the Social Security Act. 	Plaintiff seeks an award of attorney’s fees in the amount of
$6,439.50, pursuant to the Equal Access to Justice Act, 28 U.S.C. § 2412(d) [Docket No.
20]. The Commissioner has no objection to the fee award [Docket No. 22].
Upon review of the record herein, the Court finds that the requested 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
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
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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 Award of Attorney
Fees Pursuant to the Equal Access to Justice Act [Docket No. 20] is hereby granted and
that the Government is hereby ordered to pay the above-referenced amount 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 28th day of December, 2023.
______________________________________
GERALD L. JACKSON
UNITED STATES MAGISTRATE JUDGE
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