Baty v. Social Security Administration Commissioner
ORDER granting 17 Motion for Attorney Fees in the amount of $4,255.50. 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; further adopting 20 Report and Recommendations in its entirety. Signed by Honorable P. K. Holmes, III on February 19, 2014. (rw)
IN THE UNITED STATES DISTRICT COURT
WESTERN DISTRICT OF ARKANSAS
FORT SMITH DIVISION
CARLA LASHAWN BATY
Civil No. 12-2271
CAROLYN W. COLVIN
Commissioner, Social Security Administration
The Court has received proposed findings and recommendations (Doc. 20) 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. 17) be
GRANTED and finds that Plaintiff is entitled to an award under the EAJA in the total amount of
$4,255.50. This amount should be paid in addition to, and not out of, any past due benefits which
Plaintiff may be awarded in the future. 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 19th day of February, 2014.
/s/P. K. Holmes, III
P.K. HOLMES, III
CHIEF U.S. DISTRICT JUDGE
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