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

JAY CANOE, ) ) Plaintiff, ) v. ) Case No. CIV-22-182-GLJ ) KILOLO KIJAKAZI, ) Acting Commissioner of the Social ) Security Administration, ) ) Defendant. )

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

Plaintiff Jay Canoe 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 $7,829.45 for 25.9 hours of attorney work, pursuant to the Equal Access to Justice Act,

(d) [Docket Nos. 21 & 22, p. 7, Ex. 1]. The Commissioner’s Response indicates that the parties have agreed to an award of fees in the amount of $7,500.00 [Docket No. 23]. 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 Plaintiff’s Motion and Application for an Attorney Fee Under the Equal Access to Justice Act Pursuant to Sentence Four Remand [Docket No. 21] is hereby GRANTED IN PART, to the extent that the Government is hereby ordered to pay the agreed-upon $7,500.00 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

(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 6th day of November, 2023.

______________________________________ GERALD L. JACKSON UNITED STATES MAGISTRATE JUDGE

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