Bouse v. Social Security Administration
Filing
35
OPINION AND ORDER by Magistrate Judge Frank H McCarthy ; granting 34 Motion for Attorney Fees (crp, Dpty Clk)
IN THE UNITED STATES DISTRICT COURT FOR THE
NORTHERN DISTRICT OF OKLAHOMA
TARA BOUSE,
Plaintiff,
vs.
Case No. 13-CV-335-FHM
CAROLYN W. COLVIN,
Acting Commissioner, Social Security
Administration,
Defendant.
OPINION AND ORDER
Plaintiff’s Application for Award of Attorney Fees, [Dkt. 34], is before the court for
decision. The time for filing a response has passed and the Commissioner has not filed
a response opposing the Application.
Plaintiff seeks an award of attorney fees in the amount of $4,731.10 under the Equal
Access to Justice Act (EAJA), 28 U.S.C. § 2412.
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 $4,731.10. 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).
SO ORDERED this 16th day of June, 2014.
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