Muniz v. Commissioner of Social Security Administration

Filing 24

ORDER granting 21 Motion for Attorney Fees and awarding fees in the amount of $5,423.70. Signed by Honorable Charles Goodwin on 11/27/2018. (jb)

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UNITED STATES DISTRICT COURT FOR THE WESTERN DISTRICT OF OKLAHOMA FELIPE MUNIZ, Plaintiff, v. NANCY A. BERRYHILL, Acting Commissioner of the Social Security Administration, Defendant. ) ) ) ) ) ) ) ) ) ) ) Case No. CIV–17–433–G ORDER Now before the Court is Plaintiff’s Motion for an Award of Attorney’s Fees Under the Equal Access to Justice Act, 28 U.S.C. § 2412 et seq. See Pl.’s Mot. (Doc. No. 21), filed November 12, 2018. Plaintiff requests attorney’s fees in the amount of $5,423.70. Defendant has responded, stating it has no objection to Plaintiff’s request. See Def.’s Resp. (Doc. No. 23). Accordingly, the Court GRANTS Plaintiff’s motion and awards fees in the amount of $5,423.70, payable to Plaintiff, in care of his attorney, Casey L. Saunders, P.O. Box 2318, Ada, Oklahoma 74821. If attorney’s fees are also awarded under 42 U.S.C. § 406(b)(1) of the Social Security Act, Plaintiff’s counsel shall refund the smaller award to Plaintiff in accordance with Weakley v. Bowen, 803 F.2d 575, 580 (10th Cir. 1986). IT IS SO ORDERED THIS 27th day of November, 2018. 2

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