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)

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.

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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.