Prado v. Commissioner of Social Security Administration

United States District Court, Oklahoma Western

Prado v. Commissioner of Social Security Administration

Trial Court Opinion

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

ROBERT ANTHONY PRADO, ) ) Plaintiff, ) ) v. ) Case No. CIV-23-997-D ) MARTIN O’MALLEY, ) Commissioner of Social ) Security, ) ) Defendant. )

ORDER

This matter comes before the Court on the parties’ “Stipulations Awarding EAJA Fees” [Doc. No. 17]. Via this filing, the parties represent they have agreed to attorney’s fees totaling $7,500.00 and costs of $0.00 under the Equal Access to Justice Act,

28 U.S.C. § 2412

(d), following the remand of this matter to the Commissioner. Pursuant to the parties’ stipulation, the Court orders that attorney fees be awarded under EAJA in the amount of $7,500.00, payable to Plaintiff in care of his attorney, subject to offsets for debts to the federal government. Should Plaintiff’s counsel ultimately receive attorney fees pursuant to

42 U.S.C. § 406

(b) and/or

42 U.S.C. § 1383

(d)(2), counsel shall refund the smaller award to Plaintiff pursuant to Weakley v. Bowen,

803 F.2d 575, 580

(10th Cir. 1986). IT IS SO ORDERED this 15" day of February, 2024.

Ny Q.OyPt TIMOTHY D. DeGIUSTI Chief United States District Judge

Reference

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