McAFEE v. ASTRUE, 11-CV-587-JHP-FHM. (2012)
Court: District Court, N.D. Oklahoma
Number: infdco20120717b51
Visitors: 19
Filed: Jul. 16, 2012
Latest Update: Jul. 16, 2012
Summary: OPINION AND ORDER FRANK H. McCARTHY, Magistrate Judge. On May 14, 2012, this Court reversed the decision of the Commissioner and remanded this case for further administrative proceedings [Dkt. 19]. No appeal was taken from this Judgment and the same is now final [Dkt 20]. Pursuant to Plaintiff's Motion for Attorneys' Fees [Dkt. 21] under the Equal Access to Justice Act (EAJA), 28 U.S.C. 2412, the parties have agreed that an award in the amount of $2,509.90 in this case is appropriate. WHE
Summary: OPINION AND ORDER FRANK H. McCARTHY, Magistrate Judge. On May 14, 2012, this Court reversed the decision of the Commissioner and remanded this case for further administrative proceedings [Dkt. 19]. No appeal was taken from this Judgment and the same is now final [Dkt 20]. Pursuant to Plaintiff's Motion for Attorneys' Fees [Dkt. 21] under the Equal Access to Justice Act (EAJA), 28 U.S.C. 2412, the parties have agreed that an award in the amount of $2,509.90 in this case is appropriate. WHER..
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OPINION AND ORDER
FRANK H. McCARTHY, Magistrate Judge.
On May 14, 2012, this Court reversed the decision of the Commissioner and remanded this case for further administrative proceedings [Dkt. 19]. No appeal was taken from this Judgment and the same is now final [Dkt 20].
Pursuant to Plaintiff's Motion for Attorneys' Fees [Dkt. 21] under the Equal Access to Justice Act (EAJA), 28 U.S.C. § 2412, the parties have agreed that an award in the amount of $2,509.90 in this case is appropriate.
WHEREFORE, IT IS ORDERED that Plaintiff be awarded EAJA attorney fees in the amount of $2,509.90 payable to Plaintiff in care of her counsel. If Plaintiff's counsel also receives attorney fees under 42 U.S.C. § 406(b) of the Social Security Act, Plaintiff's counsel shall refund the smaller award to Plaintiff pursuant to Weakley v. Bowen, 803 F.2d 575, 580 (10th Cir. 1986).
SO ORDERED.
Source: Leagle
