McKamie v. Social Security Administration Commissioner

Filing 20

ORDER ADOPTING REPORT AND RECOMMENDATIONS for 19 Report and Recommendations, granting 14 Motion for Attorney Fees filed by Sharon Elizabeth McKamie in the amount of $3,887.80 to be paid out of plaintiff's past due benefits. However, the $3,887.80 fee under Section 406(b) is offset by the $2,784.00 previously awarded under the EAJA, and Plaintiff's attorney is directed to remit to plaintiff the smaller fee awarded to plaintiff's attorney pursuant to the EAJA in the amount of $2,784.00. Signed by Honorable Jimm Larry Hendren on July 6, 2011. (cap)

IN THE UNITED STATES DISTRICT COURT
WESTERN DISTRICT OF ARKANSAS
TEXARKANA DIVISION

SHARON ELIZABETH MCKAMIE

v.

PLAINTIFF

CIVIL NO. 08-4122

MICHAEL J. ASTRUE, Commissioner
Social Security Administration

DEFENDANT

ORDER
On this 6th day of July 2011, the Court has before it for consideration Plaintiff's request
for attorney's fees and costs pursuant to 42 U.S.C. § 406(b).
For reasons set forth in the report and recommendation filed by the Honorable Erin L.
Setser, United States Magistrate Judge for the Western District of Arkansas, on May 26, 2011,
the Court finds that the Magistrate's recommendations should be adopted in toto and hereby
awards Plaintiff's attorney’s fees in the amount of $3,887.80 to be paid out of plaintiff’s past due
benefits. However, the $3,887.80 fee under Section 406(b) is offset by the $2,784.00 previously
awarded under the EAJA, and Plaintiff’s attorney is directed to remit to plaintiff the smaller fee
awarded to plaintiff’s attorney pursuant to the EAJA in the amount of $2,784.00.
IT IS SO ORDERED.

/s/ Jimm Larry Hendren
HON. JIMM LARRY HENDREN
UNITED STATES DISTRICT JUDGE

AO72A
(Rev. 8/82)