Berry v. Social Security Administration Commissioner

Filing 16

ORDER ADOPTING REPORT AND RECOMMENDATIONS re 12 Motion for Attorney Fees filed by Donna Berry. Signed by Honorable Jimm Larry Hendren on December 12, 2008. (tg)

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IN THE UNITED STATES DISTRICT COURT WESTERN DISTRICT OF ARKANSAS FAYETTEVILLE DIVISION DONNA BERRY PLAINTIFF v. CIVIL NO. 07-5090 MICHAEL J. ASTRUE, Commissioner Social Security Administration ORDER DEFENDANT NOW on this 12th day of December, 2008, the Court has before it for consideration plaintiff's request for attorney's fees and costs pursuant to the Equal Access to Justice Act (EAJA), 28 U.S.C. 2412. For the reasons set forth in the Report and Recommendation filed by the Honorable Barry A. Bryant, United States Magistrate Judge for the Western District of Arkansas, on October 7, 2008, (document #15) to which no objections have been filed, the Court finds that the Magistrate's recommendations should be adopted in toto and hereby awards plaintiff's attorney fees in the amount of $5,042.81. This amount shall be paid in addition to, and not out of, any past-due benefits plaintiff may be awarded in the future. IT IS SO ORDERED. /s/Jimm Larry Hendren HON. JIMM LARRY HENDREN UNITED STATES DISTRICT JUDGE AO72A (Rev. 8/82)

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