DeJarnett v. Colvin

Filing 32

ORDER granting 30 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
CHARLES DANIEL DEJARNETT,
Plaintiff,
v.
NANCY A. BERRYHILL, Acting
Commissioner of Social Security
Administration,1
Defendant.

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Case No. CIV-15-721-CG

ORDER
On September 19, 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. 26, 27. Plaintiff Charles Daniel DeJarnett now
timely requests an award of attorney and paralegal fees in the amount of $3705.80 pursuant
to the Equal Access to Justice Act (“EAJA”), 28 U.S.C. § 2412. See Pl.’s Mot. Att’y Fees
(Doc. No. 30). Defendant has notified the Court that she has no objection to Plaintiff’s
requested award. See Def.’s Resp. (Doc. No. 31) at 1.
Having considered the Motion and the relevant record, the Court GRANTS
Plaintiff’s request (Doc. No. 30) and awards fees in the amount of $3705.80, with said
amount to be paid directly to Plaintiff and sent in care of Troutman & Troutman, 1350 S.
Boulder Avenue, Suite 410, Tulsa, Oklahoma, 74119. If attorney’s fees are also awarded

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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.

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 22nd day of February, 2017.

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