Mercer v. Social Security Administration

Filing 22

OPINION AND ORDER by Magistrate Judge Frank H McCarthy ; granting 20 Motion for Attorney Fees (tjc, Dpty Clk)

IN THE UNITED STATES DISTRICT COURT FOR THE
NORTHERN DISTRICT OF OKLAHOMA
RENAE MERCER,
Plaintiff,
vs.

Case No. 12-CV-35-FHM

CAROLYN W. COLVIN, Acting
Commissioner, Social Security
Administration,
Defendant.
OPINION AND ORDER
Plaintiff seeks an award of attorney fees in the amount of $2,727.60 under the Equal
Access to Justice Act (EAJA), 28 U.S.C. § 2412. [Dkt. 20]. The Commissioner has no
objection to the award of fees in the amount requested. [Dkt. 21].
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 $2,727.60.
Pursuant to the Commissioner’s usual practice, the check should be made payable to
Plaintiff and mailed to counsel’s address. See Manning v. Astrue, 510 F.3d 1246, 1254-55
(10th Cir. 2007)(the award of EAJA attorney’s fees is to claimant and not to the attorney).
If 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 Application for Attorney’s Fees is GRANTED as provided herein.
SO ORDERED this 21st day of June, 2013.