Graham v. Commissioner of Social Security

Filing 30

ORDER granting 29 Motion under Rule 60(b)(6). Plaintiff's counsel shall file his motion for attorney's fees within a reasonable time of receipt of the Commissioners award letter. Signed by Magistrate Judge Charles B Goodwin on 03/09/2018. (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, Defendant. ) ) ) ) ) ) ) ) ) ) Case No. CIV-15-589-CG ORDER This matter is before the Court on Plaintiff’s motion under Rule 60(b)(6) of the Federal Rules of the Civil Procedure, seeking authorization to file a motion for attorney’s fees under 42 U.S.C. § 406(b)(1). See Pl.’s Mot. (Doc. No. 29) at 1-3; J. (Doc. No. 23) at 1 (entered Sept. 30, 2016); McGraw v. Barnhart, 450 F.3d 493, 505 (10th Cir. 2006); Harlan v. Colvin, No. CIV-13-477-D, 2015 WL 9295809, at *1 (W.D. Okla. Dec. 18, 2015). Defendant has filed no response to the motion within the time allowed by local rule. See LCvR 7.1(g). Plaintiff informs the Court that on January 25, 2018, an Administrative Law Judge issued a “Fully Favorable” decision “finding Plaintiff disabled as of April 30, 2009.” Pl.’s Mot. at 2; see id. Ex. 1 (Doc. No. 29-1). Plaintiff further informs the Court that the Commissioner has not yet “issued an award letter calculating the retroactive benefits due” to Plaintiff. Pl.’s Mot. at 3. The Court finds that “[s]ubstantial justice will be served by allowing counsel to seek § 406(b)(1) fees under the authority of Rule 60(b)(6).” McGraw, 450 F.3d at 505. Accordingly, Plaintiff’s Rule 60(b)(6) Motion (Doc. No. 29) is hereby GRANTED. Plaintiff’s counsel shall file his motion for attorney’s fees within a reasonable time of receipt of the Commissioner’s award letter. IT IS SO ORDERED this 9th day of March, 2018. 2

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