IN THE UNITED STATES DISTRICT COURT FOR THE EASTERN DISTRICT OF OKLAHOMA

BRANDON SCOTT WEGER, ) ) Plaintiff, ) ) v. ) Case No. CIV-19-316-SPS ) KILOLO KIJAKAZI, ) Commissioner of the Social ) Security Administration, ) ) Defendant. )

OPINION AND ORDER AWARDING ATTORNEY’S FEES TO THE PLAINTIFF UNDER THE EAJA

Plaintiff Brandon Scott Weger was the prevailing party in this action under the Social Security Act. Plaintiff originally sought an award of attorney’s fees in the amount of $7,919.40, pursuant to the Equal Access to Justice Act,

(d). See Docket No. 24. The Commissioner subsequently filed a “Stipulated Motion for Award of Attorney Fees Under the Equal Access to Justice Act,” indicating that the parties had agreed to an award of $7,000.00. See Docket No. 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

(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,

(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 Stipulated Motion for Award of Attorney Fees Under the Equal Access to Justice Act [Docket No. 25] is GRANTED, and that the Government is hereby ordered to pay the agreed amount of $7,000.00 to the Plaintiff as the prevailing party herein IT IS FURTHER ORDERED that Plaintiff’s Motion for Award of Attorney Fees Pursuant to the Equal Access to Justice Act [Docket No. 24] is DENIED as

MOOT. IT IS FURTHER ORDERED that if the Plaintiff’s attorney is subsequently awarded any fees pursuant to

(b)(1), said attorney shall refund the smaller amount of such fees to the Plaintiff pursuant to Weakley v. Bowen,

(10th Cir. 1986). DATED this 14th day of July, 2021.

_____________________________________ STEVEN P. SHREDER UNITED STATES MAGISTRATE JUDGE