McLean v. Commissioner of Social Security

Filing 32

ORDER granting 30 Motion for Attorney Fees. Signed by Honorable David L. Russell on 10/14/15. (jw)

IN THE UNITED STATES DISTRICT COURT
FOR THE WESTERN DISTRICT OF OKLAHOMA
ALFREND MCLEAN,
Plaintiff,
v.
CAROLYN W. COLVIN, Commissioner,
Social Security Administration,
Defendant.

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Case No. CIV-14-1031-R

ORDER
Before the Court is Plaintiff’s motion for an award of attorney fees and costs pursuant to the
Equal Access to Justice Act (EAJA), 28 U.S.C. § 2412. Doc. No. 30. Specifically, Plaintiff seeks
an award of attorney fees in the amount of $5,264.00. Defendant does not object to awarding
Plaintiff attorney fees in the requested amount, provided such fees are payable to the Plaintiff, not
counsel.
Plaintiff’s motion for an award of attorney fees pursuant to the EAJA [Doc. No. 30] is
GRANTED and Plaintiff is awarded his attorney fees in the amount of $5,264.00 Should Plaintiff’s
counsel ultimately receive attorney fees pursuant to 42 U.S.C. § 406(b), he shall refund the smaller
award to Plaintiff pursuant to Weakley v. Bowen, 803 F.2d 575, 580(10th Cir. 1986).
IT IS SO ORDERED this 14th day of October, 2015.