Opinion
Case No. 10-CV-779-PJC
03-29-2012
NYKOA JONES, o/b/o E.R.S., a minor, Plaintiff, v. MICHAEL J. ASTRUE, Commissioner of the Social Security Administration, Defendant.
OPINION AND ORDER
On January 4, 2012, this Court reversed the decision of the Commissioner and remanded this case for further administrative proceedings under sentence four of 42 U.S.C. § 405(g) (Dkt. ##19and 20). Pursuant to Plaintiff's Application for Award of Attorney Fees Pursuant to the Equal Access to Justice Act ("EAJA") (Dkt. #21) and Defendant's response (Dkt. #22), the parties have agreed that an award in the amount of $ 3,913.30 in attorney's fees is appropriate based on 21.90 hours of attorney work performed in this case. The Court has reviewed the pleadings and finds that Plaintiff Nykoa Jones ("Jones") o/b/o E.R.S., a minor, is the prevailing party and the fees sought are reasonable.
THEREFORE, IT IS ORDERED that Jones be awarded EAJA attorney fees in the amount of $ 3,913.30 in attorney fees, in care of her counsel. If attorney fees are also awarded under 42 U.S.C. § 406(b) of the Social Security Act, 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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Paul J. Cleary
United States Magistrate Judge