Howard v. Social Security Administration Commissioner

Filing 25

ORDER ADOPTING REPORT AND RECOMMENDATIONS 24 granting attorney fees in the amount of $8225.00; plaintiff's attorney directed to remit to the plaintiff the smaller fee awarded to attorney in the amount of $2735.94. Signed by Honorable Harry F. Barnes on December 11, 2008. (cnn)

IN THE UNITED STATES DISTRICT COURT WESTERN DISTRICT OF ARKANSAS EL DORADO DIVISION

WILLIAM D. HOWARD

PLAINTIFF

V.

CASE NO. 07-CV-1003

MICHAEL J. ASTRUE, Commissioner of Social Security Administration ORDER

DEFENDANT

Before the Court is the Report and Recommendation filed November 19, 2008, by the Honorable James R. Marschewski, United States Magistrate Judge for the Western District of Arkansas. (Doc. 24). Judge Marschewski recommends granting Plaintiff's application for attorney's fees pursuant to 42 U.S.C. section 406(b) in the amount of $8225.00 and directing Plaintiff's attorney to remit to the Plaintiff the smaller fee award to Plaintiff's attorney pursuant to the Equal Access to Justice Act in the amount of $2735.94. No objections to the Report and Recommendation were filed, and the time to object has passed. See 28 U.S.C. § 636(b)(1). Therefore, the Court adopts Judge Marschewski's Report and Recommendation in toto. Plaintiff's application for attorney's fees is GRANTED in the amount of $8225.00. Plaintiff's attorney is directed to remit to Plaintiff the smaller fee awarded to Plaintiff's attorney in the amount of $2735.94. IT IS SO ORDERED, this 11th day of December, 2008.

/s/ Harry F. Barnes Hon. Harry F. Barnes United States District Judge