Swenson v. Social Security Administration Commissioner
ORDER granting 12 Motion for Attorney Fees in the amount of $1430.84. 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 15 Report and Recommendations in its entirety. Signed by Honorable P. K. Holmes, III on December 4, 2013. (rw)
IN THE UNITED STATES DISTRICT COURT
WESTERN DISTRICT OF ARKANSAS
BRADLEY J. SWENSON
Civil No. 12-3021
CAROLYN W. COLVIN
Commissioner, Social Security Administration
The Court has received proposed findings and recommendations (Doc. 15) from United States
Magistrate Judge Erin L. Setser. 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. 12) be
GRANTED and finds that Plaintiff is entitled to an award under the EAJA in the total amount of
$1,430.84. 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 4th day of December, 2013.
/s/P. K. Holmes, III
P.K. HOLMES, III
CHIEF U.S. DISTRICT JUDGE
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