Cain v. Social Security Administration Commissioner
ORDER granting 15 motion for Attorney Fees in the amount of $3852.70. 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 18 in all respects in their entirety. Signed by Honorable P. K. Holmes, III on October 8, 2013. (sh)
IN THE UNITED STATES DISTRICT COURT
WESTERN DISTRICT OF ARKANSAS
FORT SMITH DIVISION
BOBBY D. CAIN
On Behalf Of
B.D.C., A MINOR
Civil No. 12-2180
CAROLYN W. COLVIN
Commissioner, Social Security Administration
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
$3,852.70. 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 8TH day of October, 2013.
/s/P. K. Holmes, III
P.K. HOLMES, III
CHIEF U.S. DISTRICT JUDGE
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