Chick v. Social Security Administration

Filing 25

OPINION AND ORDER by Magistrate Judge Frank H McCarthy ; granting 23 Motion for Attorney Fees (tjc, Dpty Clk)

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

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Case No. 14-CV-203-GKF-FHM

OPINION AND ORDER
Plaintiff seeks an award of attorney fees in the amount of $4,275.60 under the Equal
Access to Justice Act (EAJA), 28 U.S.C. § 2412. [Dkt. 23 ]. The Commissioner has no
objection to Plaintiff being awarded fees in the requested amount. [Dkt. 24 ].
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 fee request, the
undersigned finds that Plaintiff should be awarded EAJA fees in the amount of $4,275.60.
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. 23] is GRANTED as provided herein.
SO ORDERED this 20th day of July, 2015.

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