Yates v. Social Security Administration

Filing 30

OPINION AND ORDER by Magistrate Judge Frank H McCarthy ; granting 29 Motion to File Document Out of Time (jcm, Dpty Clk)

IN THE UNITED STATES DISTRICT COURT FOR THE
NORTHERN DISTRICT OF OKLAHOMA
LISA K. YATES,
Plaintiff,
vs.

Case No. 09-CV-519-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. 29] is before the court 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. 21]. On remand the Commissioner
issued a fully favorable decision dated August 22, 2011. Counsel’s motion for relief under
Rule 60(b)(6) was filed shortly 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.

The

Commissioner has no objection to this motion.
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 1st day of September, 2011.

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