Spillar v. Social Security Administration
Filing
25
OPINION AND ORDER by Magistrate Judge Frank H McCarthy ; granting 23 Motion for Attorney Fees (FHM1, Chambers)
IN THE UNITED STATES DISTRICT COURT FOR THE
NORTHERN DISTRICT OF OKLAHOMA
NANCY SPILLAR,
Plaintiff,
vs.
Case No. 10-CV-574-FHM
MICHAEL J. ASTRUE,
Commissioner, Social Security
Administration,
Defendant.
OPINION AND ORDER
Plaintiff seeks an award of attorney fees in the amount of $4,657.65 under the Equal
Access to Justice Act (EAJA), 28 U.S.C. § 2412. [Dkt. 23]. The Commissioner has no
objection to the amount requested but asserts that EAJA fees are payable to Plaintiff, not
counsel. [Dkt. 24].
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 $ 4.657.65.
Pursuant to the Commissioner’s usual practice, the check should be made payable to
Plaintiff and mailed to counsel’s address. See Manning v. Astrue, 510 F.3d 1246, 1254-55
(10th Cir. 2007)(the award of EAJA attorney’s fees is to claimant and not to the attorney).
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. 23 is GRANTED as provided herein.
SO ORDERED this 10th day of February, 2012.
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