Williams v. Social Security Administration Commissioner

Filing 28

ORDER: granting 24 Motion for Attorney Fees and adopting 27 Report and Recommendations in the amount of $7522.65 under EAJA. This amount should be paid in addition to, and not out of, any past due benefits which plaintiff may be awarded in the future. Signed by Honorable Susan O. Hickey on June 18, 2012. (cnn)

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IN THE UNITED STATES DISTRICT COURT WESTERN DISTRICT OF ARKANSAS EL DORADO DIVISION BEVERLY D. WILLIAMS vs. PLAINTIFF Civil No. 1:08-cv-01018 MICHAEL J. ASTRUE Commissioner, Social Security Administration DEFENDANT ORDER Before the Court is the Report and Recommendation filed on May 29, 2012 by the Honorable Barry A. Bryant, United States Magistrate Judge for the Western District of Arkansas. ECF No. 27. Judge Bryant recommends Plaintiff’s Application for Attorney Fees Under the Equal Access to Justice Act (“EAJA”) be GRANTED. Defendant has not filed objections to the Report and Recommendation, and the time to object has passed. See 28 U.S.C. § 636(b)(1). Accordingly, this Court finds Plaintiff is entitled to compensation under the EAJA in the amount of $7,522.65. This amount should be paid in addition to, and not out of, any past due benefits which Plaintiff may be awarded in the future. The Parties are reminded that the award herein under the EAJA will be taken into account at such time as a reasonable fee is determined pursuant to 42 U.S.C. § 406 in order to prevent double recovery by counsel for Plaintiff. IT IS SO ORDERED, this 18th day of June 2012. /s/ Susan O. Hickey HON. SUSAN O. HICKEY U.S. DISTRICT JUDGE

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