Cornell v. Commissioner of Social Security

Filing 34

ORDER granting 33 Plaintiffs Motion for Relief Pursuant to Fed. R. Civ. P. 60(b)(6).. Signed by Honorable Robin J. Cauthron on 2/17/17. (lg)

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IN THE UNITED STATES DISTRICT COURT FOR THE WESTERN DISTRICT OF OKLAHOMA SUSIE CORNELL, Plaintiff, vs. NANCY A. BERRYHILL, Acting Commissioner of the Social Security Administration, Defendant. ) ) ) ) ) ) ) ) ) ) ) Case Number CIV-14-916-C MEMORANDUM OPINION AND ORDER On June 22, 2016, Plaintiff received a fully favorable decision from the ALJ. . Plaintiff now seeks to reopen the case pursuant to Fed. R. Civ. P. 60 so that she may timely file a request for attorney’s fees. 42 U.S.C. § 406(b). Although the time to respond has passed, Defendant has not filed a response to the motion. Plaintiff’s request is in accordance with the procedure set forth by the Tenth Circuit in McGraw v. Barnhart, 450 F.3d 493 (10th Cir. 2006), and it is therefore granted. Having carefully considered the basis for the motion, Plaintiff’s Motion for Relief Pursuant to Fed. R. Civ. P. 60(b)(6) (Dkt. No. 33) is GRANTED, and Plaintiff is granted 14 days from today’s date within which to file a motion for attorney’s fees. IT IS SO ORDERED this 17th day of February, 2017.

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