Dennison v. Social Security Administration, No. 4:2011cv00245 - Document 23 (N.D. Okla. 2012)
Court Description: OPINION AND ORDER by Magistrate Judge Frank H McCarthy ; granting 21 Motion for Attorney Fees (jcm, Dpty Clk)
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UNITED STATES DISTRICT COURT FOR THE NORTHERN DISTRICT OF OKLAHOMA TABITHA I. DENNISON, PLAINTIFF, vs. MICHAEL J. ASTRUE, Commissioner, Social Security Administration, DEFENDANT. ) ) ) ) ) ) ) ) CASE NO. 11-CV-245-FHM OPINION AND ORDER Plaintiff has filed a Motion for Award of Attorney s Fees Pursuant to the Equal Access to Justice Act [Dkt. 21] (EAJA), 28 U.S.C. § 2412(d). The motion requests an award of $4,984.30 in attorney fees. The Commissioner filed a Response stating he has no objection to the Court awarding EAJA fees in the amount of $4,984.30. The Court finds the hourly rate and number of hours expended to be reasonable. Plaintiff is GRANTED EAJA fees in the amount of $4,984.30. In the event attorney fees are also awarded under 42 U.S.C. § 406(b)(1), 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 this 18th 1 day of December, 2012.
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