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Hash v. Social Security Administration
4:16-cv-00196
N.D. Okla.
Aug 18, 2017
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Docket

*1 IN THE UNITED STATES DISTRICT COURT FOR THE NORTHERN DISTRICT OF OKLAHOMA STEVEN HASH, )

)

Plaintiff, )

) v. ) Case No. 16-CV-196-FHM )

NANCY A. BERRYHILL, Acting )

Commissioner of the Social )

Security Administration, )

)

Defendant. )

OPINION AND ORDER Plaintiff seeks an award of attorney fees in the amount of $3,859.10 under the Equal Access to Justice Act (EAJA), 28 U.S.C. § 2412. [Dkt. 23]. The Commissioner and Plaintiff subsequently agreed and stipulated to the entry of an award of attorney fees in the amount of $3,300.00. [Dkt. 24].

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 $3,300.00. 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). This renders Docket No. 23 moot.

SO ORDERED this 18th day of August, 2017.

Case Details

Case Name: Hash v. Social Security Administration
Court Name: District Court, N.D. Oklahoma
Date Published: Aug 18, 2017
Docket Number: 4:16-cv-00196
Court Abbreviation: N.D. Okla.
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