Weir-Spencer v. Social Security Administration, No. 4:2010cv00800 - Document 26 (N.D. Okla. 2012)
Court Description: OPINION AND ORDER by Magistrate Judge Frank H McCarthy ; granting 24 Motion for Attorney Fees (jcm, Dpty Clk)
Download PDF
<![CDATA[
IN THE UNITED STATES DISTRICT COURT FOR THE NORTHERN DISTRICT OF OKLAHOMA CYNTHIA G. WEIR-SPENCER, PLAINTIFF, v. MICHAEL J. ASTRUE, Commissioner of the Social Security Administration, DEFENDANT. ) ) ) ) ) ) ) ) ) Case No. 10-CV-800-FHM OPINION AND ORDER On March 28, 2012, this Court reversed the decision of the Commissioner and remanded this case for further administrative proceedings [Dkt. 22]. No appeal was taken from this Judgment and the same is now final [Dkt. 23]. Pursuant to Plaintiff s Motion for Attorneys Fees [Dkt. 24] under the Equal Access to Justice Act (EAJA), 28 U.S.C. § 2412, the parties have agreed that an award in the amount of $5,277.00 for attorney fees for all work performed in this case is appropriate. WHEREFORE, IT IS ORDERED that Plaintiff be awarded EAJA attorney fees in the amount of $5,277.00 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 July, 2012.
]]>
Some case metadata and case summaries were written with the help of AI, which can produce inaccuracies. You
should read the full case before relying on it for legal research purposes.
This site is protected by reCAPTCHA and the Google
Privacy Policy and
Terms of Service apply.
