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)

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