Paddlety v. Commissioner of Social Security, CIV-14-891-D. (2017)
Court: District Court, W.D. Oklahoma
Number: infdco20171121f74
Visitors: 24
Filed: Nov. 20, 2017
Latest Update: Nov. 20, 2017
Summary: ORDER TIMOTHY D. DeGIUSTI , District Judge . This matter comes before the Court on Plaintiff's Motion for Attorney Fees Pursuant to 42 U.S.C. 406(b) [Doc. No. 26]. Plaintiff seeks an award of fees in the amount of $19,663.25 to compensate his attorneys for legal services provided in the case. Plaintiff is the prevailing party in this action by virtue of the Amended Judgment entered July 1, 2016 [Doc. No. 22]. Defendant has responded by stating she has no objection to Plaintiff's motion.
Summary: ORDER TIMOTHY D. DeGIUSTI , District Judge . This matter comes before the Court on Plaintiff's Motion for Attorney Fees Pursuant to 42 U.S.C. 406(b) [Doc. No. 26]. Plaintiff seeks an award of fees in the amount of $19,663.25 to compensate his attorneys for legal services provided in the case. Plaintiff is the prevailing party in this action by virtue of the Amended Judgment entered July 1, 2016 [Doc. No. 22]. Defendant has responded by stating she has no objection to Plaintiff's motion. ..
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ORDER
TIMOTHY D. DeGIUSTI, District Judge.
This matter comes before the Court on Plaintiff's Motion for Attorney Fees Pursuant to 42 U.S.C. § 406(b) [Doc. No. 26]. Plaintiff seeks an award of fees in the amount of $19,663.25 to compensate his attorneys for legal services provided in the case. Plaintiff is the prevailing party in this action by virtue of the Amended Judgment entered July 1, 2016 [Doc. No. 22]. Defendant has responded by stating she has no objection to Plaintiff's motion.
The Court finds that the amount of attorney's fees requested is reasonable and Plaintiff's motion should be GRANTED. The Court orders an award of attorney fees to Plaintiff pursuant to 42 U.S.C. § 406(b)(1)(A) in the amount of $19,663.25. Because Plaintiff was also awarded attorney's fees in the amount of $5,035.00 under the Equal Access to Justice Act [Doc. No. 25], Plaintiff's counsel is directed to refund the lesser of the two fees to Plaintiff as required by Gisbrecht v. Barnhart, 535 U.S. 789, 796 (2002). See also Weakley v. Bowen, 803 F.2d 575, 580 (10th Cir. 1986).
IT IS SO ORDERED.
Source: Leagle
