Chuculate 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

FELIX CHUCULATE,
Plaintiff,
v.
CAROLYN W. COLVIN,
Acting Commissioner of the
Social Security Administration,
Defendant.

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Case No. 13-CV-531-PJC

OPINION AND ORDER
On February 13, 2015, 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. #18 and #19). Plaintiff filed an Application for Award of Attorney Fees (Dkt. #23
and #24) requesting an award of fees in the amount of $4,478.10 for 23.60 hours of attorney time
pursuant to the Equal Access to Justice Act (“EAJA”), 28 U.S.C. § 2412. The Commissioner
filed no response to Plaintiff’s Application. The Court has reviewed the pleadings and finds that
Plaintiff Felix Chuculate is the prevailing party and the fees sought are reasonable.
THEREFORE IT IS ORDERED that Plaintiff be awarded EAJA attorney fees in the
amount of $4,478.10, 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 26th day of May 2015.

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