Carpenter v. Social Security Administration Commissioner

Filing 24

ORDER ADOPTING REPORT AND RECOMMENDATIONS re 23 Report and Recommendations and granting 19 Motion for Attorney Fees, filed by Gregory Carpenter pursuant to 42 U.S.C. § 406(b). Further, Plaintiffs counsel shall refund the earlier EAJA award of attorneys fees 18 in the amount of $1,713.75 to the Plaintiff. Signed by Honorable Robert T. Dawson on October 6, 2009. (dmc)

IN THE UNITED STATES DISTRICT COURT WESTERN DISTRICT OF ARKANSAS HOT SPRINGS DIVISION

GREGORY CARPENTER vs. Civil No. 6:06-cv-06025

PLAINTIFF

MICHAEL J. ASTRUE Commissioner, Social Security Administration

DEFENDANT

ORDER Before the Court is the Report and Recommendation filed on August 31, 2009 by the Honorable Barry A. Bryant, United States Magistrate Judge for the Western District of Arkansas. (Doc. No. 23). Judge Bryant recommends that Plaintiff's Motion for Attorney Fees pursuant to 42 U.S.C. § 406(b) 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, this Court finds that counsel is entitled to compensation pursuant to 42 U.S.C. § 406(b) of $7,712.75 in attorney's fees. Further, Plaintiff's counsel shall refund the earlier EAJA award of attorneys fees, (Doc. No. 18), in the amount of $1,713.75 to the Plaintiff. IT IS SO ORDERED, this 6th day of October, 2009.

/s/ Robert T. Dawson HON. ROBERT T. DAWSON UNITED STATES DISTRICT JUDGE