Jones v. Social Security Administration

Filing 22

ORDER by District Judge James H. Payne: granting 21 plaintiff's Motion for Attorney Fees (cjt, Deputy Clerk)

IN THE UNITED STATES DISTRICT COURT FOR THE EASTERN DISTRICT OF
OKLAHOMA
)
CHRISTOPHER J. JONES,
)
)
Plaintiff,
)
)
vs.
) Case No.: 10-CV-00481 JHP-KEW
)
MICHAEL J. ASTRUE, Commissioner of )
the Social Security Administration,
Defendant.

)
)
)

ORDER
Before the Court is Plaintiff’s motion for an award of attorney fees and costs pursuant
to the Equal Access to Justice Act (EAJA), 28 U.S.C. § 2412. (Doc. No. 21) Specifically,
Plaintiff seeks an award of attorney fees in the amount of $5,670.60. The court finds that the
requested fees are payable to the Plaintiff. Plaintiff’s motion for an award of attorney fees
pursuant to the EAJA (Doc. No. 21) is GRANTED, and Plaintiff is awarded his attorney fees
in the amount of $5,670.60.
This amount shall be payable to Plaintiff, with payment issued by check to the order
of the Plaintiff and in care of Plaintiff’s attorney and with the check mailed directly to
Plaintiff’s attorney. Should Plaintiff’s counsel ultimately receive attorney fees pursuant to 42
U.S.C. § 406(b), he shall refund to plaintiff any excess payment so as to avoid double
payment for the same work. See, Weakley v. Bowen, 803 F.2d 575, 580 (10th Cir. 1986).
IT IS SO ORDERED this 18th day of May, 2012.