Neel v. Social Security Administration

Filing 25

OPINION AND ORDER by Magistrate Judge Paul J Cleary ; granting 23 Motion for Attorney Fees (kjp, Dpty Clk)

IN THE UNITED STATES DISTRICT COURT
FOR THE NORTHERN DISTRICT OF OKLAHOMA
ROBERT NEEL,
Plaintiff,
v.
CAROLYN W. COLVIN, Acting
Commissioner of the Social
Security Administration,
Defendant.

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Case No: 12-CV-572-PJC

OPINION AND ORDER
On November 4, 2013, this Court reversed the decision of the Commissioner and
remanded this case for further administrative proceedings under sentence four of 42 U.S.C. §
405(g) (Dkt. ##21-22). Pursuant to Plaintiff’s Application for Award of Attorney Fees Pursuant
to the Equal Access to Justice Act (“EAJA”) (Dkt. #23) and Defendant’s response (Dkt. #24),
the parties have agreed that an award in the amount of $2,374.20 in attorney’s fees is appropriate
based on 11.20 hours of attorney work and 3.90 hours of paralegal work performed in this case.
The Court has reviewed the pleadings and finds that Plaintiff Robert Neel (“Neel”) is the
prevailing party and the fees sought are reasonable.
THEREFORE, IT IS ORDERED that Neel be awarded EAJA attorney fees in the amount
of $2374.20, in care of his counsel. If attorney fees are also awarded under 42 U.S.C. § 406(b)
of the Social Security Act, Plaintiff’s counsel shall refund the smaller award to Plaintiff pursuant
to Weakley v. Bowen, 803 F.2d 575, 580 (10th Cir. 1986).
DATED, this 18th day of February, 2014.