Mullins v. Social Security Administration

Filing 38

ORDER adopting 37 Report and Recommendations in their entirety; therefore, Pltf's 31 Motion for Attorney's Fees is GRANTED; the Commissioner is directed to pay to Todd G. Cockrill, attorney for Pltf, attorney's fees in the amount of $10,000.00 pursuant to 406(b); Pltf's attorney is directed to remit to Pltf the earlier EAJA award of attorney's fees in the amount of $2,256.25. Signed by Chief Judge J. Leon Holmes on 8/18/09. (vjt)

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IN THE UNITED STATES DISTRICT COURT EASTERN DISTRICT OF ARKANSAS W ESTERN DIVISION JOHN MULLINS v. MICHAEL J. ASTRUE, Commissioner, Social Security Administration ORDE R The Court has reviewed the Proposed Findings and Recommended Disposition received from Magistrate Judge Jerry Cavaneau. There have been no objections. The Findings and Recommendations are adopted in their entirety as this Court's findings. THEREFORE, (1) Plaintiff's motion for attorney's fees pursuant to the Social Security Act, 42 NO. 4:05cv01253 JLH PLAINTIFF DEFENDANT U.S.C. 406(b) (doc. 31) is granted; (2) Plaintiff's attorney is entitled to an attorney's fee in the amount of $10,000.00 pursuant to 406(b); (3) The Commissioner is ordered to pay to Todd G. Cockrill, attorney for Plaintiff, the amount due under 406(b), in addition to any fees found to be due for representation at the administrative level, or pay the attorney twenty-five percent of Plaintiff's past-due benefits, whichever sum is less; and (4) Plaintiff's attorney is directed to remit to Plaintiff the earlier EAJA award of attorney's fees in the amount of $2,256.25. IT IS SO ORDERED this 18th day of August, 2009. UNITED STATES DISTRICT JUDGE

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