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)

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.

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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.

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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.

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