Dunning v. Social Security Administration Commissioner

Filing 16

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)

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IN THE UNITED STATES DISTRICT COURT WESTERN DISTRICT OF ARKANSAS EL DORADO DIVISION GWENDOLYN DUNNING VS. PLAINTIFF Civil No. 1:10-cv-1002 MICHAEL J. ASTRUE, Commissioner of the Social Security Administration DEFENDANT ORDER 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 1 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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