GARCIA v. COLVIN, 13-CV-746-PJC. (2014)
Court: District Court, N.D. Oklahoma
Number: infdco20141125d21
Visitors: 5
Filed: Nov. 24, 2014
Latest Update: Nov. 24, 2014
Summary: OPINION AND ORDER PAUL J. CLEARY, Magistrate Judge. On September 11, 2014, this Court reversed the decision of the Commissioner and remanded this case for further administrative proceedings under sentence four of 42 U.S.C. 405(g) (Dkt.## 17-18). Pursuant to Plaintiff's Motion for Attorney Fees Pursuant to the Equal Access to Justice Act ("EAJA") (Dkt.#23) and Defendant's response (Dkt.#24), the parties have agreed that an award in the amount of $3,450.30 in attorney fees is appropriate based
Summary: OPINION AND ORDER PAUL J. CLEARY, Magistrate Judge. On September 11, 2014, this Court reversed the decision of the Commissioner and remanded this case for further administrative proceedings under sentence four of 42 U.S.C. 405(g) (Dkt.## 17-18). Pursuant to Plaintiff's Motion for Attorney Fees Pursuant to the Equal Access to Justice Act ("EAJA") (Dkt.#23) and Defendant's response (Dkt.#24), the parties have agreed that an award in the amount of $3,450.30 in attorney fees is appropriate based ..
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OPINION AND ORDER
PAUL J. CLEARY, Magistrate Judge.
On September 11, 2014, this Court reversed the decision of the Commissioner and remanded this case for further administrative proceedings under sentence four of 42 U.S.C. § 405(g) (Dkt.## 17-18). Pursuant to Plaintiff's Motion for Attorney Fees Pursuant to the Equal Access to Justice Act ("EAJA") (Dkt.#23) and Defendant's response (Dkt.#24), the parties have agreed that an award in the amount of $3,450.30 in attorney fees is appropriate based on 16.5 hours of attorney work and 3.5 hours paralegal work performed in this case. The Court has reviewed the pleadings and finds that Plaintiff Dianne Machelle Garcia ("Garcia") is the prevailing party and the fees sought are reasonable.
THEREFORE, IT IS ORDERED that Garcia be awarded EAJA attorney fees in the amount of $3,450.30, in care of her counsel. If attorney fees are also awarded 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).
Source: Leagle
