Comerate v. Commissioner of Social Security

Filing 28

ORDER granting 26 Motion for Attorney Fees. Signed by Magistrate Judge Charles B Goodwin on 03/27/2017. (jb)

UNITED STATES DISTRICT COURT
FOR THE WESTERN DISTRICT OF OKLAHOMA
ANGELA COMERATE O/B/O
K.R.C., A Minor,
Plaintiff,
v.
NANCY A. BERRYHILL, Acting
Commissioner of Social Security
Administration,
Defendant.

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Case No. CIV-16-357-CG

ORDER
On February 13, 2017, the Court entered an Opinion and Order and a Judgment
reversing the decision of the Acting Commissioner and remanding this case for further
proceedings. See Doc. Nos. 24, 25. Plaintiff Angela Comerate now timely requests an
award of attorney’s fees pursuant to the Equal Access to Justice Act (“EAJA”), 28 U.S.C.
§ 2412. See Pl.’s Mot. Att’y Fees (Doc. No. 26). The parties have jointly notified the
Court that they have stipulated to a request of $4500.00 in EAJA fees in this matter. See
Stipulation (Doc. No. 27) at 1-2.
Having considered the Motion and the relevant record, the Court GRANTS
Plaintiff’s request (Doc. No. 26), as modified by the parties’ stipulation, and awards fees
in the amount of $4500.00, with said amount to be paid directly to Plaintiff and sent in care
of Timothy M. White, 7906 East 55th Street, Tulsa, Oklahoma, 74145. 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 27th day of March, 2017.

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