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)

Download PDF
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. ) ) ) ) ) ) ) ) ) ) ) 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. 2

Disclaimer: Justia Dockets & Filings provides public litigation records from the federal appellate and district courts. These filings and docket sheets should not be considered findings of fact or liability, nor do they necessarily reflect the view of Justia.

Why Is My Information Online?