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Case 5:11-cv-00127-D Document 29 Filed 09/10/13 Page 1 of 2

IN THE UNITED STATES DISTRICT COURT FOR THE

WESTERN DISTRICT OF OKLAHOMA

ALVIN L. MARSH,

Plaintiff,

v.

CAROLYN W. COLVIN, Acting Commissioner
of the Social Security Administration,

Defendant.

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Case No. CIV-11-127-D

ORDER

This matter comes before the Court for consideration of Plaintiff’s Application for an Award

of Attorneys’ Fees Under the Equal Access to Justice Act [Doc. No. 26]. Plaintiff seeks an award

of attorney fees under 28 U.S.C. § 2412(d) in the amount of $4,985.00 to compensate his attorney

for 27.1 hours of legal services provided in the case. Plaintiff is the prevailing party in this action

under 42 U.S.C. § 405(g) by virtue of the Judgment and Order of Remand entered July 30, 2013.

The Acting Commissioner has responded by stating she does not object to the Application.

After consideration of the law, the record, and the Application and supporting brief, the

Court finds: (1) the Commissioner’s position in the case was not substantially justified; (2) Plaintiff

is entitled to an award of attorney fees under the Equal Access to Justice Act, 28 U.S.C. § 2412(d);

and (3) the amount of attorney fees requested is reasonable.

IT IS THEREFORE ORDERED that Plaintiff’s motion is GRANTED. The Court orders an

award of attorney fees to Plaintiff pursuant to the Equal Access to Justice Act in the amount of

$4,985.00. Should an additional fee award under 42 U.S.C. § 406(b) subsequently be authorized,

Case 5:11-cv-00127-D Document 29 Filed 09/10/13 Page 2 of 2

Plaintiff’s attorney shall refund the smaller amount to Plaintiff as required by Weakley v. Bowen,

803 F.2d 575, 580 (10th Cir. 1986).

IT IS SO ORDERED this 10th day of September, 2013.



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