Dennison v. Social Security Administration

Filing 30

OPINION AND ORDER by Magistrate Judge Frank H McCarthy (Re: 26 MOTION for Attorney Fees ) (tjc, Dpty Clk)

IN THE UNITED STATES DISTRICT COURT FOR THE
NORTHERN DISTRICT OF OKLAHOMA
TABATHA I. DENNISON,
Plaintiff,
vs.

Case No. 11-CV-245-FHM

MICHAEL J. ASTRUE,
Commissioner, Social Security
Administration,
Defendant.
OPINION AND ORDER
Plaintiff’s counsel has filed a Motion for Attorney Fees Pursuant to 42 U.S.C. §
406(b). [Dkt. 26].
Counsel seeks approval of an attorney fee award of $ 8,033.00 pursuant to the
terms of 42 U.S.C. § 406(b) and the contingency fee contract between Plaintiff and
counsel. On July 13, 2013 the Court entered an order granting Counsel’s Motion for Relief
Pursuant to Fed. R. Civ. P. 60(b)(6) which permitted counsel to file the instant motion
“together with the required notice to Plaintiff and statement concerning any
objection thereto” within 60 days of the Notice of Award. [Dkt. 25]. Counsel has not
complied with the terms of the order which reminded counsel of the obligation under LCvR
3.71 to include a Certification of Notice to Plaintiff and Notice to Plaintiff with the motion for
fees. In addition to being reminded of these requirements in the July 13, 2013 Order, as
an attorney who has the expertise in prosecuting Social Security appeals that counsel

1

LCvR 3.7:
Social Security Cases: Motion for Attorney Fees
Plaintiff’s Motion for Attorney Fees filed in social security cases pursuant to
42 U.S.C §406(b) shall include the following form s: Certification of Notice
to Plaintiff and Notice to Plaintiff. Both form s shall be m ade available on the
Court’s website.

recites in the instant motion, [Dkt. 26, pp. 7-8], counsel is well aware of the LCvR 3.7
requirements.
The Certification of Notice to Plaintiff and Notice to Plaintiff required in LCvR 3.7 are
due on or before December 16, 2013. Failure to adhere to this deadline may result in the
denial of Counsel’s Motion for Attorney Fees Pursuant to 42 U.S.C. § 406(b).
SO ORDERED this 2nd day of Decemeber, 2013.

2