Walsh v. Social Security Administration Commissioner

Filing 20

ORDER adopting the 19 Report and Recommendations in their entirety and granting 16 Motion for Attorney Fees, in favor of Sally Walsh against Social Security Administration Commissioner in the amount of $4052.80. This amount should be paid i n 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. Signed by Honorable P. K. Holmes, III on August 28, 2013. (rw)

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IN THE UNITED STATES DISTRICT COURT WESTERN DISTRICT OF ARKANSAS FORT SMITH DIVISION SALLY WALSH v. PLAINTIFF Civil No. 12-2066 CAROLYN W. COLVIN Commissioner, Social Security Administration DEFENDANT ORDER The Court has received proposed findings and recommendations (Doc. 19) 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. 16) be GRANTED and finds that Plaintiff is entitled to an award under the EAJA in the total amount of $4,052.80. 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 28TH day of August, 2013. /s/P. K. Holmes, III P.K. HOLMES, III CHIEF U.S. DISTRICT JUDGE -1-

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