Perceful v. Social Security Administration

Filing 23

OPINION AND ORDER by Magistrate Judge Frank H McCarthy ; finding as moot 21 Motion for Attorney Fees; granting 22 Motion for Attorney Fees (tjc, Dpty Clk)

IN THE UNITED STATES DISTRICT COURT FOR THE
NORTHERN DISTRICT OF OKLAHOMA
RENA LOUISE PERCEFUL,

)
)
Plaintiff,
)
)
v.
)
)
NANCY A. BERRYHILL1, Acting )
Commissioner of the Social
)
Security Administration,
)
)
Defendant. )

Case No. 16-CV-13-FHM

OPINION AND ORDER
Plaintiff seeks an award of attorney fees in the amount of $2,926.80 and costs in the
amount of $400.00 representing the filing fee under the Equal Access to Justice Act
(EAJA), 28 U.S.C. § 2412. [Dkt. 21]. The Commissioner and Plaintiff subsequently agreed
and stipulated to the entry of an award of attorney fees in the amount of $2,600.00 and
costs in the amount of $400.00. [Dkt. 22].
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 $2,600.00
and costs in the amount of $400.00. 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

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Effective January 20, 2017, Nancy A. Berryhill has replaced Carolyn W. Colvin as Acting Commissioner of
the Social Security Administration and should be substituted as the Defendant in this action pursuant to Fed. R. Civ.
P. 25(d). No further action needs to be taken to continue this suit by reason of the last sentence of section
205(g) of the Social Security Act, 42 U.S.C. § 405(g).

refund the smaller award to Plaintiff pursuant to Weakley v. Bowen, 803 F.2d 575, 580
(10th Cir. 1986).
Defendant’s Stipulated Motion for Award Attorney’s Fees Pursuant to the Equal
Access to Justice Act, [Dkt. 22], is GRANTED as provided herein. As a result of the
stipulated motion, Plaintiff’s Motion for Costs and Attorney Fees Pursuant to the Equal
Access to Justice Act, [Dkt. 21], is moot.
SO ORDERED this 10th day of February, 2017.

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