Pence v. Social Security Administration Commissioner

Filing 31

ORDER granting 24 and 27 Motion for Attorney Fees, in the amount of $4149.50. 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 30 Report and Recommendations. Signed by Honorable P. K. Holmes III on October 6, 2021. (jlm) Modified on 10/7/2021 to add text (mjm).

IN THE UNITED STATES DISTRICT COURT
WESTERN DISTRICT OF ARKANSAS
FORT SMITH DIVISION
KEVIN L. PENCE
V.

PLAINTIFF
CASE NO. 2:20-CV-2152

COMMISSIONER,
SOCIAL SECURITY ADMINISTRATION

DEFENDANT

ORDER
The Court has received proposed findings and recommendations (Doc. 30) 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. 24) and
his Amended Motion for Attorney Fees (Doc. 27) be GRANTED and finds that Plaintiff is entitled
to an award under the EAJA in the total amount of $4,149.50. 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 October 6, 2021.

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