Graham v. Commissioner of Social Security

Filing 27

ORDER granting 24 Motion for Attorney Fees. Signed by Magistrate Judge Charles B Goodwin on 02/22/2017. (jb)

UNITED STATES DISTRICT COURT
FOR THE WESTERN DISTRICT OF OKLAHOMA
JOHN B. GRAHAM,
Plaintiff,
v.
NANCY A. BERRYHILL, Acting
Commissioner of Social Security
Administration,1
Defendant.

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Case No. CIV-15-589-CG

ORDER
On September 30, 2016, the Court entered an Opinion and Order and a Judgment
reversing the decision of the Acting Commissioner and remanding this case for further
administrative proceedings. See Doc. Nos. 22, 23. Plaintiff John B. Graham now timely
requests an award of attorney’s fees in the amount of $6026.60 pursuant to the Equal
Access to Justice Act (“EAJA”), 28 U.S.C. § 2412. See Pl.’s Mot. Att’y Fees (Doc. No.
24); Pl.’s Br. (Doc. No. 25). Defendant has notified the Court that she has no objection to
Plaintiff’s requested award. See Def.’s Resp. (Doc. No. 26) at 1.
Having considered the Motion and the relevant record, the Court GRANTS
Plaintiff’s request (Doc. No. 24) and awards fees in the amount of $6206.60, with said
amount to be paid directly to Plaintiff and sent in care of Kyle J. Saunders, P.O. Box 1605,
Ada, Oklahoma, 74820. If attorney’s fees are also awarded under 42 U.S.C. § 406(b),
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Nancy A. Berryhill, the current Acting Commissioner of the Social Security
Administration, is hereby substituted as Defendant in this matter pursuant to Rule 25(d) of
the Federal Rules of Civil Procedure.

Plaintiff’s counsel 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 22nd day of February, 2017.

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