Pressley v. Social Security Administration Commissioner
ORDER ADOPTING REPORT AND RECOMMENDATIONS re 18 Report and Recommendations; granting 14 Motion for Attorney Fees under the EAJA in the amount of $3,027.50. 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 November 19, 2013. (mll)
IN THE UNITED STATES DISTRICT COURT
WESTERN DISTRICT OF ARKANSAS
DARLA DAWN PRESSLEY
Civil No. 4:12-cv-04062
CAROLYN W. COLVIN
Commissioner, Social Security Administration
Before the Court is the Report and Recommendation filed on October 31, 2013 by the
Honorable Barry A. Bryant, United States Magistrate Judge for the Western District of Arkansas.
ECF No. 18. Judge Bryant recommends Plaintiff’s Motion for Attorney’s Fees Pursuant to 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).
Accordingly, the Court finds Plaintiff is entitled to compensation under the EAJA in the
amount of $3,027.50. 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 19th day of November 2013.
/s/ Susan O. Hickey
Susan O. Hickey
United States District Judge
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