Ralph v. Social Security Administration Commissioner
ORDER awarding on Attorney Fees in the amount of $5006.83. 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 and adopting Report and Recommendations re 22 . Signed by Honorable P. K. Holmes, III on May 13, 2013. (sh)
IN THE UNITED STATES DISTRICT COURT
WESTERN DISTRICT OF ARKANSAS
FORT SMITH DIVISION
ALICIA DAWN RALPH
Civil No. 11-2253
CAROLYN W. COLVIN
Commissioner, Social Security Administration
The Court has received proposed findings and recommendations (Doc. #22) 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 Second Motion to Amend/Correct First
Motion for Attorney Fees (Doc. #20) be GRANTED and finds that Plaintiff is entitled to an award
under the EAJA in the total amount of $5,006.83. 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 13th day of May, 2013.
/s/P. K. Holmes, III
P.K. HOLMES, III
CHIEF U.S. DISTRICT JUDGE
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