Gravett v. Social Security Administration, No. 4:2017cv00532 - Document 20 (N.D. Okla. 2018)

Court Description: OPINION AND ORDER by Magistrate Judge Frank H McCarthy ; finding as moot 18 Motion for Attorney Fees; granting 19 Motion for Attorney Fees (tjc, Dpty Clk)

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Gravett v. Social Security Administration Doc. 20 UNITED STATES DISTRICT COURT FOR THE NORTHERN DISTRICT OF OKLAHOMA LARRY GRAVETT, Plaintiff, v. NANCY A. BERRYHILL, Acting Commissioner of the Social Security Administration, Defendant. ) ) ) ) ) ) ) ) ) ) ) Case No. 17-CV-532-FHM OPINION AND ORDER Before the court is the Plaintiff’s Motion for Award of Attorney fees pursuant to the Equal Access to Justice Act, 28 U.S.C. § 2412. [Dkt. 18]. The Commissioner filed an Unopposed Motion for Award of Attorney Fees Pursuant to the Equal Access Justice Act, [Dkt. 19], indicating the parties have stipulated to Plaintiff being awarded attorney fees in the amount of $4,750.00. The court 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 court finds that Plaintiff should be awarded EAJA fees in the amount of $4,750.00. 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 refund the smaller award to Plaintiff pursuant to Weakley v. Bowen, 803 F.2d 575, 580 (10th Cir. 1986). The Commissioner’s Unopposed Motion for Attorney’s Fees Pursuant to the Equal Access to Justice Act, [Dkt. 19], is GRANTED as provided herein. As a result of the Dockets.Justia.com unopposed motion, Plaintiff’s Motion for Attorney Fees, [Dkt. 18], is moot. SO ORDERED this 16th day of August, 2018. 2

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