Rowden v. Commissioner of Social Security Administration

Filing 23

ORDER granting 19 Motion for Attorney Fees; adopting Report and Recommendations re 22 Report and Recommendation. Signed by Honorable Scott L. Palk on 12/19/2018. (md)

IN THE UNITED STATES DISTRICT COURT FOR THE
WESTERN DISTRICT OF OKLAHOMA
LYNLEE MICHELE ROWDEN,

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Plaintiff,
vs.
NANCY A. BERRYHILL, Acting
Commissioner of the Social Security
Administration,
Defendant.

Case No. CIV-18-342-SLP

ORDER
Before the Court is the Report and Recommendation of United States Magistrate
Bernard M. Jones entered December 3, 2018 [Doc. No. 22]. No objection to the Report
and Recommendation has been filed nor has an extension of time in which to object been
sought or granted. Therefore, the Report and Recommendation of the Magistrate Judge is
ADOPTED in its entirety. Plaintiff’s Application for Award of Attorney Fees under the
Equal Access to Justice Act [Doc. No. 19] is GRANTED in the amount of $2,140.20.
Defendant is ordered to make the fees payable to Plaintiff as the prevailing party. If
attorney’s fees are also awarded under the Social Security Act pursuant to 42 U.S.C. §
406(b), Plaintiff’s counsel shall refund the small award to Plaintiff as required by Weakley
v. Bowen, 803 F.2d 575, 580 (10th Cir. 1986).
IT IS SO ORDERED this 19th day of December, 2018.