ORDER AWARDING ATTORNEY FEES

TIMOTHY D. DEGIUSTI, District Judge.

This matter comes before the Court for consideration of Plaintiff's Application for Award of Attorney's Fees Pursuant to the Equal Access to Justice Act, 28 U.S.C. § 2412 [Doc. No. 27]. Plaintiff seeks an award of fees in the amount of $5,084.70 to compensate his attorney for legal services provided in the case. Plaintiff is the prevailing party in this action under 42 U.S.C. § 405(g) by virtue of the Judgment and Order of Remand entered March 12, 2018. Defendant has responded by stating that she has no objection to an award of $5,084.70 payable to Plaintiff, consistent with Astrue v. Ratliff, 560 U.S. 586, 597 (2010), and Manning v. Astrue, 510 F.3d 1246, 1255 (10th Cir. 2007).

After consideration of the law, the case record, and the arguments of the parties, the Court finds: (1) the Commissioner's position in the case was not substantially justified; (2) Plaintiff is entitled to an award of attorney fees under the Equal Access to Justice Act, 28 U.S.C. § 2412(d); and (3) the amount of fees requested is reasonable.

IT IS THEREFORE ORDERED that Plaintiff's Application for Award of Attorney's Fees [Doc. No. 27] is GRANTED. The Court orders an award of attorney fees to Plaintiff pursuant to the Equal Access to Justice Act in the amount of $5,084.70. Should an additional fee award under 42 U.S.C. § 406(b) subsequently be authorized, Plaintiff's attorney shall refund the smaller amount to Plaintiff as required by Weakley v. Bowen, 803 F.2d 575, 580 (10th Cir. 1986).

IT IS SO ORDERED.