Filed: Mar. 20, 2019
Latest Update: Mar. 20, 2019
Summary: OPINION AND ORDER FRANK H. McCARTHY , Magistrate Judge . Before the court is the Plaintiff's Motion for Attorney's Fees pursuant to the Equal Access to Justice Act, 28 U.S.C. 2412. [Dkt. 22]. The Commissioner filed a Stipulated Motion for Award of Attorney Fees Pursuant to the Equal Access Justice Act, [Dkt. 24], indicating the parties have stipulated to Plaintiff being awarded attorney fees in the amount of $4,456.13. The court finds that the amount of the fee request is reasonable. Ba
Summary: OPINION AND ORDER FRANK H. McCARTHY , Magistrate Judge . Before the court is the Plaintiff's Motion for Attorney's Fees pursuant to the Equal Access to Justice Act, 28 U.S.C. 2412. [Dkt. 22]. The Commissioner filed a Stipulated Motion for Award of Attorney Fees Pursuant to the Equal Access Justice Act, [Dkt. 24], indicating the parties have stipulated to Plaintiff being awarded attorney fees in the amount of $4,456.13. The court finds that the amount of the fee request is reasonable. Bas..
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OPINION AND ORDER
FRANK H. McCARTHY, Magistrate Judge.
Before the court is the Plaintiff's Motion for Attorney's Fees pursuant to the Equal Access to Justice Act, 28 U.S.C. § 2412. [Dkt. 22]. The Commissioner filed a Stipulated Motion for Award of Attorney Fees Pursuant to the Equal Access Justice Act, [Dkt. 24], indicating the parties have stipulated to Plaintiff being awarded attorney fees in the amount of $4,456.13.
The court finds that the amount of the fee request is reasonable. Based on that finding and the fact the parties have agreed, the court finds that Plaintiff should be awarded EAJA fees in the amount of $4,456.13.
Pursuant to the Commissioner's usual practice, the check should be made payable to Plaintiff and mailed to counsel's address. If Plaintiff's attorney receives the fees awarded herein and attorney fees are also awarded and received by counsel under 42 U.S.C. § 406(b) of the Social Security Act, counsel shall refund the smaller award to Plaintiff pursuant to Weakley v. Bowen, 803 F.2d 575, 580 (10th Cir. 1986).
The Commissioner's Stipulated Motion for Attorney's Fees Pursuant to the Equal Access to Justice Act, [Dkt. 24], is GRANTED as provided herein. As a result of the stipulated motion, Plaintiff's Motion for Attorney Fees, [Dkt. 22], is moot.
SO ORDERED.
