Crook v. Social Security Administration
Filing
23
OPINION AND ORDER by Magistrate Judge Frank H McCarthy ; granting 22 Motion for Attorney Fees (jcm, Dpty Clk)
IN THE UNITED STATES DISTRICT COURT FOR THE
NORTHERN DISTRICT OF OKLAHOMA
KIRSTEN L. CROOK,
Plaintiff,
vs.
Case No. 10-CV-571-FHM
MICHAEL J. ASTRUE,
Commissioner, Social Security
Administration,
Defendant.
OPINION AND ORDER
Plaintiff seeks an award of attorney fees in the amount of $6,148.80 under the Equal
Access to Justice Act (EAJA), 28 U.S.C. § 2412. [Dkt. 22, filed December 22, 2011]. The
EAJA statute provides for payment of fees to the prevailing party, here Plaintiff, as follows:
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), including
proceedings for judicial review of agency action, brought by or
against the United States in any court having jurisdiction of that
action, unless the court finds that the position of the United
States was substantially justified or that special circumstances
make an award unjust.
28 U.S.C. § 2412 (d)(1)(A). The Commissioner has not filed an objection to the fee
request. In accordance with LCvR. 7.2(e), the court exercises its discretion and deems the
motion confessed.
The undersigned finds that the amount of the fee request is reasonable. Based on
that finding and the absence of any objection to the amount of the fee request, the
undersigned finds that Plaintiff should be awarded EAJA fees in the amount of $6,148.80.
Pursuant to the Commissioner’s usual practice, the check should be made payable to
Plaintiff and mailed to counsel’s address. If Plaintiff’s attorney receives the fees awarded
herein and attorney fees are also awarded and received by counsel under 42 U.S.C. §
406(b) of the Social Security Act, counsel shall refund the smaller award to Plaintiff
pursuant to Weakley v. Bowen, 803 F.2d 575, 580 (10th Cir. 1986).
Plaintiff’s Motion for Attorney’s Fees and Expenses Under the Equal Access to
Justice Act [Dkt. 22] is GRANTED as provided herein.
SO ORDERED this 5th day of June, 2012.
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