Bell v. Social Security Administration Commissioner

Filing 13

ORDER adopting in toto the Magistrate's 12 Report and Recommendations and granting plaintiff's 9 motion for attorney's fees; further counsel is entitled to compensation under the EAJA in the amount of $2,979.02; further 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 Jimm Larry Hendren on March 30, 2010. (rw)

IN THE UNITED STATES DISTRICT COURT WESTERN DISTRICT OF ARKANSAS FORT SMITH DIVISION TRACY A. BELL vs. Civil No. 08-02100 DEFENDANT PLAINTIFF

MICHAEL J. ASTRUE Commissioner, Social Security Administration

ORDER Before the Court is the Report and Recommendation, filed on March 8, 2010 by the Honorable James R. Marschewski, United States Magistrate Judge for the Western District of Arkansas (document #12). Said Report and Recommendation recommends that 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 that the Magistrate's

recommendations should be adopted in toto and counsel is entitled to compensation under the EAJA in the amount of $2,979.02. 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 30th day of March, 2010. /s/ Jimm Larry Hendren JIMM LARRY HENDREN UNITED STATES DISTRICT JUDGE