Bemis v. Social Security Administration Commissioner

Filing 19

ORDER ADOPTING 18 REPORT AND RECOMMENDATIONS in their entirety and awarding Attorney Fees in the amount of $4,627.60. 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 September 13, 2013. (lw)

IN THE UNITED STATES DISTRICT COURT
WESTERN DISTRICT OF ARKANSAS
FORT SMITH DIVISION

GARY R. BEMIS
v.

PLAINTIFF
Civil No. 12-2075

MICHAEL J. ASTRUE,
Commissioner, Social Security Administration

DEFENDANT

ORDER
The Court has received proposed findings and recommendations (Doc. 18) from United States
Magistrate Judge Barry A. Bryant. 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. 15) be
GRANTED and finds that Plaintiff is entitled to an award under the EAJA in the total amount of
$4,627.60. 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 September, 2013.

/s/P. K. Holmes, III
P.K. HOLMES, III
CHIEF U.S. DISTRICT JUDGE

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