Janis v. Social Security Administration, No. 4:2011cv00526 - 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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IN THE UNITED STATES DISTRICT COURT FOR THE NORTHERN DISTRICT OF OKLAHOMA BELVA M. JANIS, Plaintiff, vs. Case No. 11-CV-526-FHM MICHAEL J. ASTRUE, Commissioner, Social Security Administration, Defendant. OPINION AND ORDER Plaintiff s Application for Award of Attorney Fees Under the Equal Access to Justice Act, [Dkt. 21], is before the undersigned United States Magistrate Judge for decision. Plaintiff seeks an award of attorney fees in the total amount of $4,210.80 under the Equal Access to Justice Act (EAJA), 28 U.S.C. § 2412. The EAJA requires the United States to pay attorney fees and costs to a "prevailing party" unless the Court finds the position of the United States was substantially justified, or special circumstances make an award unjust. 28 U.S.C. § 2412(d). The Commissioner has no objection to the reasonableness of the fee request. [Dkt. 22]. Plaintiff s Application for Award of Attorney Fees Under the Equal Access to Justice Act, [Dkt. 21], is GRANTED. Plaintiff is awarded a total of $4,210.80. Pursuant to the Commissioner s usual practice, the check should be made payable to Plaintiff and mailed to counsel s address. If attorney fees are also awarded under 42 U.S.C. § 406(b) of the Social Security Act, counsel shall refund the smaller award to Plaintiff pursuant to Weakley v. Bowen, 803 F.2d 575, 580 (10th Cir. 1986). SO ORDERED this 3rd day of October, 2012. 2
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