Byrd v. Social Security Administration Commissioner
ORDER adopting 21 Report and Recommendations in its entirety; further granting plaintiff's 17 Motion for Attorney Fees in the amount of $3498.00. 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. Signed by Honorable P. K. Holmes, III on April 14, 2014. (rw)
IN THE UNITED STATES DISTRICT COURT
WESTERN DISTRICT OF ARKANSAS
FORT SMITH DIVISION
Civil No. 12-2285
CAROLYN W. COLVIN
Commissioner, Social Security Administration
The Court has received proposed findings and recommendations (Doc. 21) 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. 17) be
GRANTED and finds that Plaintiff is entitled to an award under the EAJA in the total amount of
$3,498.00. 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 14th day of April, 2014.
/s/P. K. Holmes, III
P.K. HOLMES, III
CHIEF U.S. DISTRICT JUDGE
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