Dodd v. Social Security Administration Commissioner

Filing 17

ORDER ADOPTING 16 REPORT AND RECOMMENDATIONS in its entirety, granting 12 Motion for Attorney Fees in favor of Troy Vincent Dodd in the amount of $3603.05. 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 the plaintiff. Signed by Honorable Robert T. Dawson on December 5, 2011. (mfr)

IN THE UNITED STATES DISTRICT COURT
WESTERN DISTRICT OF ARKANSAS
FORT SMITH DIVISION
TROY VINCENT DODD
v.

PLAINTIFF
CIVIL NO. 10-2150

MICHAEL J. ASTRUE, Commissioner
Social Security Administration

DEFENDANT
ORDER

Before the Court is the Report and Recommendation filed on November 10, 2011 by the
Honorable James R. Marschewski, United States Magistrate Judge for the Western District of
Arkansas. ECF No. 16. Judge Marschewski 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 report and recommendation is proper and should
be adopted in its entirety. Counsel is entitled to compensation under the EAJA in the amount
of $3,603.05. 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 the plaintiff.
IT IS SO ORDERED this 5th day of December 2011.

/s/ Robert T. Dawson
HONORABLE ROBERT T. DAWSON
UNITED STATES DISTRICT JUDGE

AO72A
(Rev. 8/82)