Opinion
CASE NO 11-CV 245 FHM
12-18-2012
TABITHA I. DENNISON, PLAINTIFF, v. MICHAEL J. ASTRUE, Commissioner, Social Security Administration, DEFENDANT.
OPINION AND ORDER
Plaintiff has filed a Motion for Award of Attorney's Fees Pursuant to the Equal Access to Justice Act [Dkt. 21] (EAJA), 28 U.S.C. § 2412(d). The motion requests an award of $4,984.30 in attorney fees. The Commissioner filed a Response stating he has no objection to the Court awarding EAJA fees in the amount of $4,984.30.
The Court finds the hourly rate and number of hours expended to be reasonable. Plaintiff is GRANTED EAJA fees in the amount of $4,984.30. In the event attorney fees are also awarded under 42 U.S.C. § 406(b)(1), Plaintiff's counsel shall refund the smaller award to Plaintiff pursuant to Weakley v. Bowen, 803 F.2d 575, 580 (10th Cir. 1986).
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FRANK H. MCCARTHY
UNITED STATES MAGISTRATE JUDGE