Owens v. Social Security Administration

Filing 22

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

IN THE UNITED STATES DISTRICT COURT FOR THE
NORTHERN DISTRICT OF OKLAHOMA
TERESA ANN OWENS,
Plaintiff,
v.
NANCY A. BERRYHILL, Acting
Commissioner of the Social
Security Administration,
Defendant.

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Case No. 17-CV-181-FHM

OPINION AND ORDER
Plaintiff and the Commissioner have agreed and stipulated to an award of attorney
fees in the amount of $4,325.85 under the Equal Access to Justice Act (EAJA), 28 U.S.C.
§ 2414(d). [Dkt. 21].
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 court finds
that Plaintiff should be awarded EAJA fees in the amount of $4,325.85. 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).
SO ORDERED this 5th day of April, 2018.