Opinion
Case No. 10-CV-779-PJC
03-29-2012
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