Quick v. Social Security Administration Commissioner
ORDER granting re 18 Motion for Attorney Fees in the amount of $3664.50. 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 re 21 Report and Recommendations..(sh)
IN THE UNITED STATES DISTRICT COURT
WESTERN DISTRICT OF ARKANSAS
FORT SMITH DIVISION
OLIN THOMAS QUICK
Civil No. 2:12-cv-02054
CAROLYN W. COLVIN
Commissioner, Social Security Administration
Before the Court is the Report and Recommendation filed on February 4, 2013 by the
Honorable Barry A. Bryant, United States Magistrate Judge for the Western District of Arkansas.
ECF No. 21. Judge Bryant recommends 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 Plaintiff is entitled to compensation under the EAJA in the
amount of $3,664.50. 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 25th day of February 2013.
/s/ Robert T. Dawson
HON. ROBERT T. DAWSON
U.S. DISTRICT JUDGE
Disclaimer: Justia Dockets & Filings provides public litigation records from the federal appellate and district courts. These filings and docket sheets should not be considered findings of fact or liability, nor do they necessarily reflect the view of Justia.
Why Is My Information Online?