Mathews v. Social Security Administration, No. 4:2009cv00385 - Document 30 (N.D. Okla. 2011)

Court Description: OPINION AND ORDER by Magistrate Judge Frank H McCarthy ; granting 28 Motion for Relief (jcm, Dpty Clk)

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IN THE UNITED STATES DISTRICT COURT FOR THE NORTHERN DISTRICT OF OKLAHOMA DAVID L. MATHEWS, Plaintiff, vs. Case No. 09-CV-385-FHM MICHAEL J. ASTRUE, Commissioner, Social Security Administration, Defendant. OPINION AND ORDER The Motion for Relief Pursuant to Fed. R. Civ. P. 60(b)(6) filed by Plaintiff s counsel, [Dkt. 28] is before the court for decision. The Motion for Relief Pursuant to Fed. R. Civ. P. 60(b)(6) is GRANTED. The court remanded this case to the Commissioner for further administrative action, pursuant to sentence four of 42 U.S.C. § 406(g). [Dkt. 19]. On remand, by decision dated June 24, 2011, the Commissioner issued a fully favorable decision. Counsel s motion for relief under Rule 60(b)(6) was filed just over a month after the issuance of the decision. Counsel represents that, as of the date of filing the instant motion, the Notice of Award containing the amount of past due benefits has not been received. Consequently, the amount of the contingent attorney fee cannot be ascertained. Counsel requests an order allowing the filing of the motion for 406(b) fees within sixty days of receipt of the Notice of Award. The undersigned finds that the instant motion was promptly filed and that the request of a 60-day time period from the date of the Notice of Award in which to file a motion seeking fees under §406(b) is reasonable. The Motion for Relief Pursuant to Fed. R. Civ. P. 60(b)(6) filed by Plaintiff s counsel, [Dkt. 28] is GRANTED. A motion for an attorney fee award under §406(b), together with the required notice to Plaintiff and statement concerning any objection thereto, may be filed within 60 days of the date of the Notice of Award. SO ORDERED this 8th day of August, 2011. 2

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