Russell v. Social Security Administration Commissioner

Filing 18

ORDER ADOPTING 17 REPORT AND RECOMMENDATIONS and awarding Attorney Fees in $3,764.40. This amount should be paid in addition to, and not out of, any past due benefits which plaintiff may be awarded in the future. Signed by Honorable P. K. Holmes, III on April 16, 2013. (lw)

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IN THE UNITED STATES DISTRICT COURT WESTERN DISTRICT OF ARKANSAS FORT SMITH DIVISION RONDA J. RUSSELL v. PLAINTIFF Civil No. 11-2248 CAROLYN W. COLVIN Commissioner, Social Security Administration DEFENDANT ORDER The Court has received proposed findings and recommendations (Doc. #17) from Chief United States Magistrate Judge James R. Marschewski. There have been no objections. After careful review, the Court concludes that the findings and recommendations should be, and hereby are, approved and adopted as this Court’s findings in all respects in their entirety. Accordingly, the Court ORDERS that Plaintiff’s Motion for Attorney Fees (Doc. #13) be GRANTED and finds that Plaintiff is entitled to an award under the EAJA in the total amount of $3,764.40. This amount should be paid in addition to, and not out of, any past due benefits which Plaintiff may be awarded in the future. Pursuant to Astrue v. Ratliff, 130 S. Ct. 2521, 2528 (2010), the EAJA award should be made payable to Plaintiff, but may be mailed to Plaintiff’s counsel. IT IS SO ORDERED this 16th day of April, 2013. /s/P. K. Holmes, III P.K. HOLMES, III CHIEF U.S. DISTRICT JUDGE -1-

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