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

BRIAN HANES, deceased ) by his children Matthew Hanes ) and Amanda Vessels, substitute ) parties, ) ) Plaintiff, ) ) Civil No. 6:23-cv-00068-GLJ vs. ) ) KILOLO KIJAKAZI, ) Acting Commissioner of Social ) Security, ) ) Defendant. )

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

Plaintiff Brian Hanes, though his surviving children Matthew Hanes and Amanda Vessels, was the prevailing party in this action under the Social Security Act. Plaintiff seeks an award of attorney’s fees in the amount of $7,471.17, pursuant to the Equal Access to Justice Act,

(d) [Docket No. 30]. The Commissioner has no objection to the fee award. 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

(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 Plaintiff’s Motion and Application for An Attorney Fee Under the Equal Access to Justice Act Pursuant to Sentence Four Remand [Docket No. 30] 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

(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 30th day of November, 2023.

______________________________________ GERALD L. JACKSON UNITED STATES MAGISTRATE JUDGE

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