Montue v. Social Security Administration Commissioner

Filing 18

ORDER adopting Report and Recommendations re 17 Report and Recommendations; granting 15 Motion for Attorney Fees in the amount of $6,300.00 pursuant to the EAJA. 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, 2014. (mll)

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IN THE UNITED STATES DISTRICT COURT WESTERN DISTRICT OF ARKANSAS TEXARKANA DIVISION BEVERLY J. MONTUE vs. PLAINTIFF Civil No. 4:13-cv-04057 CAROLYN COLVIN Commissioner, Social Security Administration DEFENDANT ORDER Before the Court is the Report and Recommendation filed on October 29, 2014 by the Honorable Barry A. Bryant, United States Magistrate Judge for the Western District of Arkansas. ECF No. 17. Judge Bryant recommends that 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 finds that Plaintiff is entitled to compensation under the EAJA in the amount of $6,300.00. 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, 2014. /s/ Susan O. Hickey Susan O. Hickey United States District Judge

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