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Case 5:12-cv-00211-D Document 21 Filed 09/13/13 Page 1 of 2

IN THE UNITED STATES DISTRICT COURT FOR THE

WESTERN DISTRICT OF OKLAHOMA

JASON R. C. WHIBBEY,

Plaintiff,

v.

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

Defendant.

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O R D E R

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. 18]. Plaintiff seeks an award

of fees pursuant to 28 U.S.C. § 2412(d) in the amount of $4,692.60 to compensate his attorney for

25.5 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 10, 2013. The

Acting Commissioner has responded by stating she has no objection to the requested amount or to

an award payable to Plaintiff, consistent with Astrue v. Ratliff, 130 S. Ct. 2521, 2529 (2010), and

Manning v. Astrue, 510 F.3d 1246, 1255 (10th Cir. 2007).

After consideration of the law, the record, and the arguments of the parties, 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 Application is GRANTED. The Court

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

amount of $4,692.60. Should an additional fee award under 42 U.S.C. § 406(b) subsequently be

Case 5:12-cv-00211-D Document 21 Filed 09/13/13 Page 2 of 2

authorized, 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 13th day of September, 2013.



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