Dennison v. Social Security Administration

Filing 23

OPINION AND ORDER by Magistrate Judge Frank H McCarthy ; granting 21 Motion for Attorney Fees (jcm, Dpty Clk)

UNITED STATES DISTRICT COURT FOR THE
NORTHERN DISTRICT OF OKLAHOMA
TABITHA I. DENNISON,
PLAINTIFF,
vs.
MICHAEL J. ASTRUE, Commissioner,
Social Security Administration,
DEFENDANT.

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CASE

NO.

11-CV-245-FHM

OPINION AND ORDER
Plaintiff has filed a Motion for Award of Attorney’s Fees Pursuant to the Equal
Access to Justice Act [Dkt. 21] (EAJA), 28 U.S.C. § 2412(d). The motion requests an
award of $4,984.30 in attorney fees. The Commissioner filed a Response stating he
has no objection to the Court awarding EAJA fees in the amount of $4,984.30.
The Court finds the hourly rate and number of hours expended to be reasonable.
Plaintiff is GRANTED EAJA fees in the amount of $4,984.30. In the event attorney
fees are also awarded under 42 U.S.C. § 406(b)(1), 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

18th

1

day

of

December,

2012.