Eagle v. Commissioner of Social Security Administration

United States District Court, Oklahoma Western

Eagle v. Commissioner of Social Security Administration

Trial Court Opinion

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

IRMA LEE EAGLE, ) ) ) Plaintiff, ) ) v. ) ) Case No. CIV-22-70-PRW KILOLO KIJAKAZI, ) Acting Commissioner of Social ) Security Administration, ) ) ) Defendant. )

ORDER Before the Court Plaintiff Irma Lee Eagle’s Application for Award of Attorney’s Fees Pursuant to the Equal Access to Justice Act

28 U.S.C. § 2412

(Dkt. 25), seeking an award of $8,883.00 in attorney’s fees. Defendant Kilolo Kijakazi, the Acting Commissioner of Social Security, responded to Ms. Eagle’s motion (Dkt. 27). In that response, the Commissioner states that “upon further conferral, the parties have agreed that an EAJA award of $5,500.00 . . . is reasonable in this case.”1 Upon review, and in light of the parties’ agreement, Ms. Eagle’s motion (Dkt. 25) is GRANTED in part and DENIED in part. Accordingly, the Court ORDERS as follows: 1. Defendant shall pay Plaintiff a total of $5,500.00 in attorney’s fees pursuant to the EAJA;

2. Defendant’s payment of this amount bars any and all claims Plaintiff may have relating to EAJA fees and expenses in connection with this action;

1 See Def.’s Resp. (Dkt. 27), at 1. 3. If Plaintiff's counsel is subsequently awarded any fees pursuant to

42 U.S.C. § 406

(b), he shall refund the lesser award to Plaintiff pursuant to Weakley v. Bowen,

803 F.2d 575, 580

(10th Cir. 1986). IT IS SO ORDERED this 14th day of July 2023.

PATRICK R. WYRICK UNITED STATES DISTRICT JUDGE

Reference

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