Weir-Spencer v. Social Security Administration

Filing 26

OPINION AND ORDER by Magistrate Judge Frank H McCarthy ; granting 24 Motion for Attorney Fees (jcm, Dpty Clk)

IN THE UNITED STATES DISTRICT COURT FOR THE
NORTHERN DISTRICT OF OKLAHOMA
CYNTHIA G. WEIR-SPENCER,
PLAINTIFF,
v.
MICHAEL J. ASTRUE,
Commissioner of the
Social Security Administration,
DEFENDANT.

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Case No. 10-CV-800-FHM

OPINION AND ORDER
On March 28, 2012, this Court reversed the decision of the Commissioner and
remanded this case for further administrative proceedings [Dkt. 22]. No appeal was
taken from this Judgment and the same is now final [Dkt. 23].
Pursuant to Plaintiff’s Motion for Attorneys’ Fees [Dkt. 24] under the Equal
Access to Justice Act (EAJA), 28 U.S.C. § 2412, the parties have agreed that an award
in the amount of $5,277.00 for attorney fees for all work performed in this case is
appropriate.
WHEREFORE, IT IS ORDERED that Plaintiff be awarded EAJA attorney fees
in the amount of $5,277.00 payable to Plaintiff in care of her counsel. If Plaintiff’s
counsel also receives attorney fees under 42 U.S.C. § 406(b) of the Social Security Act,
Plaintiff’s counsel shall refund the smaller award to Plaintiff pursuant to Weakley v.
Bowen, 803 F.2d 575, 580 (10th Cir. 1986).
SO ORDERED this 16th day of July, 2012.