Wilson v. Social Security Administration, No. 4:2018cv00292 - Document 21 (N.D. Okla. 2019)
Court Description: OPINION AND ORDER by Magistrate Judge Frank H McCarthy ; finding as moot 18 Motion for Attorney Fees; granting 20 Motion for Attorney Fees (tjc, Dpty Clk)
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Wilson v. Social Security Administration Doc. 21 IN THE UNITED STATES DISTRICT COURT FOR THE NORTHERN DISTRICT OF OKLAHOMA ALICE W. WILSON, Plaintiff, v. NANCY A. BERRYHILL, Acting Commissioner of the Social Security Administration, Defendant. ) ) ) ) ) ) ) ) ) ) ) Case No. 18-CV-292-FHM OPINION AND ORDER Plaintiff seeks an award of attorney fees in the amount of $4,422.00 under the Equal Access to Justice Act (EAJA), 28 U.S.C. § 2412. [Dkt. 18, 19]. The Commissioner and Plaintiff subsequently agreed and stipulated to the entry of an award of attorney fees in the amount of $3,547.65. [Dkt. 20]. The court finds that the amount of the agreed fee is reasonable. Based on that finding and the parties’ agreement, the court finds that Plaintiff should be awarded EAJA fees in the amount of $3,547.65. 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). Dockets.Justia.com The Unopposed Motion for Attorney Fees, [Dkt. 20], is GRANTED. This renders Docket No. 18 moot. SO ORDERED this 8th day of March, 2019. 2
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