Sullivan v. Social Security Administration

Filing 28

OPINION AND ORDER by Magistrate Judge Frank H McCarthy ; granting 26 Motion for Attorney Fees (tjc, Dpty Clk)

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

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Case No. 14-CV-516-FHM

OPINION AND ORDER
Plaintiff seeks an award of attorney fees in the amount of $3,537.75 under the Equal
Access to Justice Act (EAJA), 28 U.S.C. § 2412. [Dkt. 26]. The Commissioner has no
objection to Plaintiff being awarded fees in the requested amount.1 [Dkt. 27].
The court 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 $3,537.75. 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).

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28 U.S.C. § 2412(d)(1)(B) provides that a party seeking fees has 30 days from the date of judgment
in which to file an application for fees. Judgment was entered in this case in March 15, 2016. [Dkt. 25]. The
Motion for Attorney Fees was filed over two months later, on May 17, 2016. [Dkt. 26]. The motion is untimely.
Since the Commissioner has no objection to an award of attorney fees, the court will grant the untimely
motion. However, counsel is advised to adhere to the time set out in the statute.

Plaintiff’s Motion for Attorney’s Fees and Expenses Under the Equal Access to
Justice Act, [Dkt. 26], is GRANTED as provided herein.
SO ORDERED this 10th day of June, 2016.

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