Jones v. Social Security Administration, No. 4:2010cv00779 - Document 23 (N.D. Okla. 2012)
Court Description: OPINION AND ORDER by Magistrate Judge Paul J Cleary ; granting 21 Motion for Attorney Fees (kjp, Dpty Clk)
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IN THE UNITED STATES DISTRICT COURT FOR THE NORTHERN DISTRICT OF OKLAHOMA NYKOA JONES, o/b/o E.R.S., a minor, Plaintiff, v. MICHAEL J. ASTRUE, Commissioner of the Social Security Administration, Defendant. ) ) ) ) ) ) ) ) ) ) ) Case No. 10-CV 779-PJC OPINION AND ORDER On January 4, 2012, 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. ##19and 20). Pursuant to Plaintiff s Application for Award of Attorney Fees Pursuant to the Equal Access to Justice Act ( EAJA ) (Dkt. #21) and Defendant s response (Dkt. #22), the parties have agreed that an award in the amount of $ 3,913.30 in attorney s fees is appropriate based on 21.90 hours of attorney work performed in this case. The Court has reviewed the pleadings and finds that Plaintiff Nykoa Jones ( Jones ) o/b/o E.R.S., a minor, is the prevailing party and the fees sought are reasonable. THEREFORE, IT IS ORDERED that Jones be awarded EAJA attorney fees in the amount of $ 3,913.30 in attorney fees, 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). DATED, this 29th day of March, 2012. 2
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