Dunning v. Social Security Administration Commissioner
ORDER: adopting 15 REPORT AND RECOMMENDATIONS re granting and denying in part 13 MOTION for EAJA Attorney Fees filed by Gwendolyn Dunning in the amount of $2,803.35. Signed by Honorable Susan O. Hickey on January 27, 2012. (cnn)
IN THE UNITED STATES DISTRICT COURT
WESTERN DISTRICT OF ARKANSAS
EL DORADO DIVISION
Civil No. 1:10-cv-1002
MICHAEL J. ASTRUE, Commissioner
of the Social Security Administration
Before the Court is the Report and Recommendation filed January 9, 2012 by the Honorable
Erin L. Setzer, United States Magistrate Judge for the Western District of Arkansas. (ECF No. 15).
Judge Setzer recommends that Plaintiff be awarded attorney’s fees of $2,803.35 under the Equal
Access to Justice Act ("EAJA"), in addition to any past due Social Security benefits which Plaintiff
may be awarded in the future.
The parties have not filed objections to the Report and
Recommendation, and the time to object has passed. See 28 U.S.C. § 636(b)(1). Therefore, the
Court adopts the Report and Recommendation in toto. Plaintiff’s Motion for Attorney’s Fees (ECF
No. 13) is GRANTED in part and DENIED in part. Counsel is entitled to compensation under the
EAJA in the amount of $2,803.35.1
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 27th day of January, 2012.
/s/ Susan O. Hickey
Hon. Susan O. Hickey
United States District Judge
The Court notes that the motion is denied in part due to the fact that Plaintiff’s motion had
requested a total of $2,871.60 in attorney’s fees.
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