Sissom v. Social Security Administration

Filing 27

OPINION AND ORDER by Magistrate Judge Frank H McCarthy ; granting 26 Motion for Relief (jcm, Dpty Clk)

IN THE UNITED STATES DISTRICT COURT FOR THE
NORTHERN DISTRICT OF OKLAHOMA
CHERYLE R. SISSOM,
Plaintiff,
vs.

Case No.07-CV-330-FHM

MICHAEL J. ASTRUE,
Commissioner, Social Security
Administration,
Defendant.
OPINION AND ORDER
The Motion for Relief Pursuant to Fed. R. Civ. P. 60(b)(6), filed by Plaintiff’s counsel
[Dkt. 26] is before the undersigned United States Magistrate Judge for decision. The
Motion for Relief Pursuant to Fed. R. Civ. P. 60(b)(6) is GRANTED.
The court remanded this case to the Commissioner for further administrative action,
pursuant to sentence four of 42 U.S.C. § 406(g). [Dkt. 20]. On May 6, 2011, the
Commissioner issued a fully favorable decision. Counsel’s motion for relief under Rule
60(b)(6) was filed just a few days after the issuance of the decision. Counsel represents
that, as of the date of filing the instant motion, the Notice of Award containing the amount
of past due benefits has not been received. Consequently, the amount of the contingent
attorney fee cannot be ascertained. Counsel requests an order allowing the filing of the
motion for 406(b) fees within sixty days of receipt of the Notice of Award. Counsel advises
that the Defendant objects to the motion, but no response asserting that objection has
been filed.

The court finds that a period of 60 days from the date of counsel’s receipt of the
Notice of Award, in which to file a motion for fees under 42 U.S.C. § 406(b)(1) is
reasonable.
The Motion for Relief Pursuant to Fed. R. Civ. P. 60(b)(6) filed by Plaintiff’s counsel,
[Dkt. 26] is GRANTED. A motion for an attorney fee award under §406(b), together with
the required notice to Plaintiff and statement concerning any objection thereto, may be filed
within 60 days of the Notice of Award.
SO ORDERED this 21st day of June, 2011.

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