Cook v. Social Security Administration
OPINION AND ORDER by Magistrate Judge Frank H McCarthy ; granting 22 Motion for Attorney Fees (tjc, Dpty Clk)
IN THE UNITED STATES DISTRICT COURT FOR THE
NORTHERN DISTRICT OF OKLAHOMA
NANCY BERRYHILL, Acting
Commissioner of the Social
Case No. 16-CV-250-FHM
OPINION AND ORDER
Plaintiff seeks an award of attorney fees in the amount of $3,502.20 under the Equal
Access to Justice Act (EAJA), 28 U.S.C. § 2412. [Dkt. 22]. The Commissioner has no
objection to Plaintiff being awarded fees in the requested amount. [Dkt. 23].
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 $3,502.20. 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. 22], is GRANTED as provided herein.
SO ORDERED this 30th day of March, 2017.
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