-FHM McAfee v. Social Security Administration, No. 4:2011cv00587 - Document 24 (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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IN THE UNITED STATES DISTRICT COURT FOR THE NORTHERN DISTRICT OF OKLAHOMA LAQUISHA MCAFEE, PLAINTIFF, v. MICHAEL J. ASTRUE, Commissioner of the Social Security Administration, DEFENDANT. ) ) ) ) ) ) ) ) ) Case No. 11-CV-587-JHP-FHM OPINION AND ORDER On May 14, 2012, this Court reversed the decision of the Commissioner and remanded this case for further administrative proceedings [Dkt. 19]. No appeal was taken from this Judgment and the same is now final [Dkt 20]. Pursuant to Plaintiff s Motion for Attorneys Fees [Dkt. 21] under the Equal Access to Justice Act (EAJA), 28 U.S.C. § 2412, the parties have agreed that an award in the amount of $2,509.90 in this case is appropriate. WHEREFORE, IT IS ORDERED that Plaintiff be awarded EAJA attorney fees in the amount of $2,509.90 payable to Plaintiff in care of her counsel. If Plaintiff s counsel also receives attorney fees 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). SO ORDERED this 16th day of June, 2012.
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