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Hester v. Astrue

UNITED STATES DISTRICT COURT FOR THE EASTERN DISTRICT OF OKLAHOMA
Oct 29, 2012
Case No. CIV-11-120-SPS (E.D. Okla. Oct. 29, 2012)

Opinion

Case No. CIV-11-120-SPS

10-29-2012

CLAYTON HESTER, Plaintiff, v. MICHAEL J. ASTRUE, Commissioner of the Social Security Administration, Defendant.


OPINION AND ORDER AWARDING

ATTORNEYS' FEES TO THE PLAINTIFF UNDER THE EAJA

The Plaintiff was the prevailing party in this appeal of the Commissioner of the Social Security Administration's decision denying benefits under the Social Security Act. The Plaintiff seeks an award of attorneys' fees in the amount of $5,028.60 under the Equal Access to Justice Act, 28 U.S.C. § 2412. The Commissioner indicates that he has no objection to an award of attorneys' fee in the amount of $5,028.60 to the Plaintiff.

Upon review of the record herein, the Court finds that said amount is reasonable and that the Commissioner should be ordered to pay it to the Plaintiff as the prevailing party herein. See 28 U.S.C. § 2412(d)(1)(A) ("Except as otherwise specifically provided by statute, a court shall award to a prevailing party . . . fees and other expenses . . . incurred by that party in any civil action [.]"). See also Astrue v. Ratliff, __ U.S. __, 130 S. Ct. 2521 (2010); Manning v. Astrue, 510 F.3d 1246, 1249-50 (10th Cir. 2007), cert. denied, __ U.S. _, 129 S. Ct. 486, 172 L. Ed. 2d 355 (2008).

Accordingly, Plaintiff's Motion for Attorney's Fees Under the Equal Access to Justice Act [Docket No. 23] is hereby GRANTED, and the Commissioner is hereby ordered to pay attorneys' fees in the amount of $5,028.60 to the Plaintiff as the prevailing party herein.

IT IS SO ORDERED this 29th day of October, 2012.

_______________

Steven P. Shreder

United States Magistrate Judge

Eastern District of Oklahoma


Summaries of

Hester v. Astrue

UNITED STATES DISTRICT COURT FOR THE EASTERN DISTRICT OF OKLAHOMA
Oct 29, 2012
Case No. CIV-11-120-SPS (E.D. Okla. Oct. 29, 2012)
Case details for

Hester v. Astrue

Case Details

Full title:CLAYTON HESTER, Plaintiff, v. MICHAEL J. ASTRUE, Commissioner of the…

Court:UNITED STATES DISTRICT COURT FOR THE EASTERN DISTRICT OF OKLAHOMA

Date published: Oct 29, 2012

Citations

Case No. CIV-11-120-SPS (E.D. Okla. Oct. 29, 2012)