Rushing v. Social Security Administration
Filing
24
OPINION AND ORDER by Magistrate Judge Frank H McCarthy ; granting 23 Motion for Attorney Fees (tjc, Dpty Clk)
IN THE UNITED STATES DISTRICT COURT FOR THE
NORTHERN DISTRICT OF OKLAHOMA
TIKISHIA R. RUSHING,
Plaintiff,
vs.
Case No. 12-CV-1-FHM
CAROLYN W. COLVIN,
Acting Commissioner, Social Security
Administration,
Defendant.
OPINION AND ORDER
Plaintiff seeks an award of attorney fees in the amount of $4,132.30 under the Equal
Access to Justice Act (EAJA), 28 U.S.C. § 2412. [Dkt. 23]. The time has passed for the
Commissioner to file an objection to Plaintiff’s request, no objection has been filed, and in
accordance with LCvR 7.2(e), the matter is deemed confessed.
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 $4,132.30.
Astrue v. Ratliff, 130 S.Ct. 2521, 2524 (2010)(a §2412(d) fee award is payable to the
litigant). Pursuant to the Commissioner’s usual practice, the check should be made
payable to Plaintiff and mailed to counsel’s address. 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 Pursuant to the Equal Access to Justice Act
[Dkt. 23] is GRANTED as provided herein.
SO ORDERED this 2nd day of August, 2013.
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