Perrigo v. Social Security Administration
Filing
23
OPINION AND ORDER by Magistrate Judge Frank H McCarthy ; granting 21 Motion for Attorney Fees (tjc, Dpty Clk)
IN THE UNITED STATES DISTRICT COURT FOR THE
NORTHERN DISTRICT OF OKLAHOMA
SUSAN JEANELLA PERRIGO
Plaintiff,
vs.
Case No. 12-CV-186- FHM
CAROLYN W. COLVIN,
Acting Commissioner, Social Security
Administration,
Defendant.
OPINION AND ORDER
Plaintiff seeks an award of attorney fees in the amount of $ 2,911.60 under the
Equal Access to Justice Act (EAJA), 28 U.S.C. § 2412. [Dkt. 21 The Commissioner agrees
that Plaintiff should be awarded the amount requested [Dkt. 22].
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 request, the
undersigned finds that Plaintiff should be awarded EAJA fees in the amount of $2,911.60.
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 and Expenses Under the Equal Access to
Justice Act [Dkt. 21] is GRANTED as provided herein.
SO ORDERED this 22nd day of October, 2013.
2
Disclaimer: Justia Dockets & Filings provides public litigation records from the federal appellate and district courts. These filings and docket sheets should not be considered findings of fact or liability, nor do they necessarily reflect the view of Justia.
Why Is My Information Online?