Belin v. Social Security Administration Commissioner

Filing 18

ORDER ADOPTING REPORT AND RECOMMENDATIONS for 17 Report and Recommendations; granting 14 Motion for Attorney Fees in the amount of $1,988.40. This amount should be paid in addition to, and not out of, any past due benefits which plaintiff may be awarded in the future. Further, any EAJA award by this Court should be made payable to plaintiff and not counsel. Signed by Honorable Susan O. Hickey on May 14, 2014. (mll)

IN THE UNITED STATES DISTRICT COURT
WESTERN DISTRICT OF ARKANSAS
EL DORADO DIVISION
DIANE BELIN
vs.

PLAINTIFF
Civil No. 1:12-cv-01110

CAROLYN W. COLVIN
Commissioner, Social Security Administration

DEFENDANT

ORDER
Before the Court is the Report and Recommendation filed on April 21, 2014 by the
Honorable Barry A. Bryant, United States Magistrate Judge for the Western District of Arkansas.
(ECF No. 17). Judge Bryant recommends Plaintiff’s Motion for Attorney’s Fees Pursuant to 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 $1,988.40. 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 14th day of May, 2014.
/s/ Susan O. Hickey
Susan O. Hickey
United States District Judge