MILLER v. COLVIN, 13-CV-774-PJC. (2015)
Court: District Court, N.D. Oklahoma
Number: infdco20150527d18
Visitors: 14
Filed: May 26, 2015
Latest Update: May 26, 2015
Summary: OPINION AND ORDER PAUL J. CLEARY , Magistrate Judge . On February 23, 2015, 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. #24 and #25). Pursuant to Plaintiff's Application for Award of Attorney Fees (Dkt. #26) and Defendant's Response (Dkt. #27), the parties have agreed that an award of fees is appropriate pursuant to the Equal Access to Justice Act ("EAJA"), 28 U.S.C. 2412
Summary: OPINION AND ORDER PAUL J. CLEARY , Magistrate Judge . On February 23, 2015, 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. #24 and #25). Pursuant to Plaintiff's Application for Award of Attorney Fees (Dkt. #26) and Defendant's Response (Dkt. #27), the parties have agreed that an award of fees is appropriate pursuant to the Equal Access to Justice Act ("EAJA"), 28 U.S.C. 2412...
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OPINION AND ORDER
PAUL J. CLEARY, Magistrate Judge.
On February 23, 2015, 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. #24 and #25). Pursuant to Plaintiff's Application for Award of Attorney Fees (Dkt. #26) and Defendant's Response (Dkt. #27), the parties have agreed that an award of fees is appropriate pursuant to the Equal Access to Justice Act ("EAJA"), 28 U.S.C. § 2412. The parties have agreed that the amount of $4,317.95 in attorney fees is appropriate based on 20.95 hours of attorney work and 4.55 hours of paralegal work performed in this case. The Court has reviewed the pleadings and finds that Plaintiff Bryan Miller is the prevailing party and the fees sought are reasonable.
THEREFORE IT IS ORDERED that Plaintiff be awarded EAJA attorney fees in the amount of $4,317.95, in care of his 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
