Janis v. Social Security Administration

Filing 23

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

IN THE UNITED STATES DISTRICT COURT FOR THE
NORTHERN DISTRICT OF OKLAHOMA
BELVA M. JANIS,
Plaintiff,
vs.

Case No. 11-CV-526-FHM

MICHAEL J. ASTRUE,
Commissioner, Social Security
Administration,
Defendant.
OPINION AND ORDER
Plaintiff’s Application for Award of Attorney Fees Under the Equal Access to Justice
Act, [Dkt. 21], is before the undersigned United States Magistrate Judge for decision.
Plaintiff seeks an award of attorney fees in the total amount of $4,210.80 under the
Equal Access to Justice Act (EAJA), 28 U.S.C. § 2412. The EAJA requires the United
States to pay attorney fees and costs to a "prevailing party" unless the Court finds the
position of the United States was substantially justified, or special circumstances make an
award unjust. 28 U.S.C. § 2412(d).

The Commissioner has no objection to the

reasonableness of the fee request. [Dkt. 22].
Plaintiff’s Application for Award of Attorney Fees Under the Equal Access to Justice
Act, [Dkt. 21], is GRANTED. Plaintiff is awarded a total of $4,210.80. Pursuant to the
Commissioner’s usual practice, the check should be made payable to Plaintiff and mailed
to counsel’s address. If attorney fees are also awarded 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).

SO ORDERED this 3rd day of October, 2012.

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