Graham v. Commissioner of Social Security

Filing 28

AMENDED ORDER granting 24 MOTION for Attorney Fees filed by John B Graham and vacating 27 Order. Signed by Magistrate Judge Charles B Goodwin on 03/02/2017. (jb)

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UNITED STATES DISTRICT COURT FOR THE WESTERN DISTRICT OF OKLAHOMA JOHN B. GRAHAM, ) ) ) ) ) ) ) ) ) ) ) Plaintiff, v. NANCY A. BERRYHILL, Acting Commissioner of Social Security Administration, Defendant. Case No. CIV-15-589-CG ORDER This Order supersedes the Order of the Court issued February 22, 2017. The Court’s previous order (Doc. No. 27) is VACATED. 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 $6026.60, 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), 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 2nd day of March, 2017. 2

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