Morkemo v. Social Security Administration Commissioner

Filing 19

ORDER: finding in favor of Monica Morkemo, and awarding Attorney's Fees in the amount of $1312.50, pursuant to 28 USC 2412, as to the Equal Access to Justice Act, and adopting, 18 Report and Recommendations. Signed by Honorable Jimm Larry Hendren on December 4, 2009. (sh)

IN THE UNITED STATES DISTRICT COURT WESTERN DISTRICT OF ARKANSAS FORT SMITH DIVISION

MONICA MORKEMO

PLAINTIFF

v.

CIVIL NO. 08-2047

MICHAEL J. ASTRUE, Commissioner Social Security Administration ORDER

DEFENDANT

NOW on this 4th day of December, 2009, the Court has before it for consideration plaintiff's request for attorney's fees and costs pursuant to the Equal Access to Justice Act (EAJA), 28 U.S.C. § 2412. For the reasons set forth in the Report and Recommendation filed by the Honorable James R. Marschewski , United States Magistrate Judge for the Western District of Arkansas, on October 27, 2009, to which no objections have been filed, the Court finds that the Magistrate's recommendations should be adopted in toto and hereby awards plaintiff's attorney fees in the amount of $1,312.50. This amount shall be paid in addition to, and not out of, any past-due benefits plaintiff may be awarded in the future. Further, this amount should be paid directly to plaintiff's counsel. Ratliff v. Astrue, 540 F.3d 800, 802 (8th Cir. 2008). IT IS SO ORDERED.

/s/Jimm Larry Hendren HON. JIMM LARRY HENDREN UNITED STATES DISTRICT JUDGE

AO72A (Rev. 8/82)