Good v. Commissioner of Social Security

Filing 26

ORDER granting 24 Motion for Attorney Fees. Signed by Honorable Timothy D. DeGiusti on 10/2/2017. (mb)

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IN THE UNITED STATES DISTRICT COURT FOR THE WESTERN DISTRICT OF OKLAHOMA JACQUELINE L. GOOD, Plaintiff, v. NANCY A. BERRYHILL, Acting Commissioner of Social Security Administration, Defendant. ) ) ) ) ) ) ) ) ) ) ) Case No. CIV-15-308-D ORDER This matter comes before the Court on Plaintiff’s Motion for Award of Attorney’s Fees Pursuant to 42 U.S.C. §406(b) [Doc. No. 24].1 Plaintiff seeks an award of fees in the amount of $11,222.40 to compensate her attorneys for legal services provided in the case. Plaintiff is the prevailing party in this action for purposes of 42 U.S.C. § 406(b) by virtue of the Judgment entered in this case [Doc. No. 19]. The Acting Commissioner has responded by stating she has no objection to the requested fees [Doc. No. 25]. The Court, upon review of the parties’ submissions, finds that Plaintiff is entitled to an award of attorney fees and the amount of attorney fees requested is reasonable. 1 Pursuant to the Equal Access to Justice Act (“EAJA”), 28 U.S.C. § 2412, Plaintiff was previously awarded attorney’s fees in the amount of $6,222.40 [Doc. No. 23]. IT IS THEREFORE ORDERED that Plaintiff’s Motion for Award of Attornery’s Fees Pursuant to 42 U.S.C. § 406(b) is GRANTED. The Court orders an award of attorney fees to Plaintiff in the amount of $11,222.40 payable to Plaintiff’s counsel, Marianna E. McKnight. In light of the previous EAJA fee award, counsel shall reimburse Plaintiff the amount of $6,222.40. See Gisbrecht v. Barnhart, 535 U.S. 789, 796, (2002); Weakley v. Bowen, 803 F.2d 575, 580 (10th Cir. 1986). IT IS SO ORDERED this 2nd day of October 2017. 2

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