Burke v. Social Security Administration Commissioner
ORDER ADOPTING REPORT AND RECOMMENDATIONS re 15 Report and Recommendations; granting 13 Motion for Attorney Fees under EAJA in the amount of $2,437.50. This amount should be paid in addition to, and not out of, any past due benefits which plaintiff may be awarded in the future. Signed by Honorable Susan O. Hickey on February 20, 2013. (cap)
IN THE UNITED STATES DISTRICT COURT
WESTERN DISTRICT OF ARKANSAS
AURELIA FRANCES BURKE
Civil No. 4:11-cv-04114
CAROLYN W. COLVIN
Commissioner, Social Security Administration
Before the Court is the Report and Recommendation filed on January 30, 2013 by the
Honorable Barry A. Bryant, United States Magistrate Judge for the Western District of Arkansas.
(ECF No. 15). Judge Bryant recommends Plaintiff’s Application for Attorney Fees Under the Equal
Access to Justice Act (“EAJA”) be GRANTED. Defendant has not filed objections to the Report
and Recommendation, and the time to object has passed. See 28 U.S.C. § 636(b)(1). Therefore, the
Court adopts the Report and Recommendation in toto.
Accordingly, this Court adopts finds Plaintiff is entitled to compensation under the EAJA
in the amount of $2,437.50. This amount should be paid in addition to, and not out of, any past due
benefits which Plaintiff may be awarded in the future.
The Parties are reminded that the award herein under the EAJA will be taken into account
at such time as a reasonable fee is determined pursuant to 42 U.S.C. § 406 in order to prevent double
recovery by counsel for Plaintiff.
IT IS SO ORDERED, this 20th day of February, 2013.
/s/ Susan O. Hickey
SUSAN O. HICKEY
U.S. DISTRICT JUDGE
Disclaimer: Justia Dockets & Filings provides public litigation records from the federal appellate and district courts. These filings and docket sheets should not be considered findings of fact or liability, nor do they necessarily reflect the view of Justia.
Why Is My Information Online?