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

JAMES HAROLD BARONE, IV, ) ) Plaintiff, ) v. ) Case No. CIV-24-350-GLJ ) LELAND DUDEK, ) Acting Commissioner of the Social ) Security Administration, ) ) Defendant. )

OPINION AND ORDER

Claimant, James Harold Barone, IV, was the prevailing party in this action under the Social Security Act. Claimant seeks an award of attorney’s fees in the amount of $6,174.00 for 24.50 hours of attorney work pursuant to the Equal Access to Justice Act,

(d). [Docket No. 20, Ex. 1]. The Commissioner has no objection to the fee award. [Docket No. 21]. 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 Claimant 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 Plaintiff’s Motion for Award of Attorney Fees Pursuant to the Equal Access to Justice Act [Docket No. 20] is hereby GRANTED. The Government is hereby ordered to pay the above referenced amount to Claimant as the prevailing party herein. IT IS FURTHER ORDERED that if Claimant’s attorney is subsequently awarded any fees pursuant to

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

(10th Cir. 1986). DATED this 24th day of April, 2025.

GERALD L. JACKSON UNITED STATES MAGISTRATE JUDGE

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