Murry v. Social Security Administration
Filing
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OPINION AND ORDER by Magistrate Judge Frank H McCarthy ; granting 16 Motion for Attorney Fees (tjc, Dpty Clk)
IN THE UNITED STATES DISTRICT COURT FOR THE
NORTHERN DISTRICT OF OKLAHOMA
ERIC FRANCIS MURRY
Plaintiff,
vs.
Case No. 12-CV-515-FHM
CAROLYN W. COLVIN,
Acting Commissioner, Social Security
Administration,
Defendant.
OPINION AND ORDER
Plaintiff seeks an award of attorney fees in the amount of $ 3,803 and costs of $350
under the Equal Access to Justice Act (EAJA), 28 U.S.C. § 2412. [Dkt. 16]. The
Commissioner agrees that Plaintiff should be awarded the amount requested [Dkt. 18].
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 $3,803 and
costs in the amount of $350. 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. 16] is GRANTED as provided herein.
SO ORDERED this 22nd day of October, 2013.
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