Perceful v. Social Security Administration, No. 4:2016cv00013 - Document 23 (N.D. Okla. 2017)

Court Description: OPINION AND ORDER by Magistrate Judge Frank H McCarthy ; finding as moot 21 Motion for Attorney Fees; granting 22 Motion for Attorney Fees (tjc, Dpty Clk)

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Perceful v. Social Security Administration Doc. 23 IN THE UNITED STATES DISTRICT COURT FOR THE NORTHERN DISTRICT OF OKLAHOMA RENA LOUISE PERCEFUL, ) ) Plaintiff, ) ) v. ) ) NANCY A. BERRYHILL1, Acting ) Commissioner of the Social ) Security Administration, ) ) Defendant. ) Case No. 16-CV-13-FHM OPINION AND ORDER Plaintiff seeks an award of attorney fees in the amount of $2,926.80 and costs in the amount of $400.00 representing the filing fee under the Equal Access to Justice Act (EAJA), 28 U.S.C. § 2412. [Dkt. 21]. The Commissioner and Plaintiff subsequently agreed and stipulated to the entry of an award of attorney fees in the amount of $2,600.00 and costs in the amount of $400.00. [Dkt. 22]. The undersigned finds that the amount of the fee request is reasonable. Based on that finding and the absence of any objection to the amount of the fee request, the undersigned finds that Plaintiff should be awarded EAJA fees in the amount of $2,600.00 and costs in the amount of $400.00. Pursuant to the Commissioner’s usual practice, the check should be made payable to Plaintiff and mailed to counsel’s address. If Plaintiff’s attorney receives the fees awarded herein and attorney fees are also awarded and received by counsel under 42 U.S.C. § 406(b) of the Social Security Act, counsel shall 1 Effective January 20, 2017, Nancy A. Berryhill has replaced Carolyn W. Colvin as Acting Commissioner of the Social Security Administration and should be substituted as the Defendant in this action pursuant to Fed. R. Civ. P. 25(d). No further action needs to be taken to continue this suit by reason of the last sentence of section 205(g) of the Social Security Act, 42 U.S.C. § 405(g). Dockets.Justia.com refund the smaller award to Plaintiff pursuant to Weakley v. Bowen, 803 F.2d 575, 580 (10th Cir. 1986). Defendant’s Stipulated Motion for Award Attorney’s Fees Pursuant to the Equal Access to Justice Act, [Dkt. 22], is GRANTED as provided herein. As a result of the stipulated motion, Plaintiff’s Motion for Costs and Attorney Fees Pursuant to the Equal Access to Justice Act, [Dkt. 21], is moot. SO ORDERED this 10th day of February, 2017. 2

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