PRETTO v. ASTRUE
Filing 36
ORDER ON REPORT AND RECOMMENDATION - 1. The magistrate judge's Report and Recommendation (doc. 35 ) is adopted and incorporated by reference in this order. 2. The Motion for Attorney Fees pursuant to 42 U.S.C. § 406(b) ( Doc. 32 ) is GRANTED. 3. Plaintiffs counsel, John M. Pennington, is awarded attorney's fees in the amount of $16,407.00, to be paid out of the sums withheld by the Commissioner from Plaintiffs past due benefits. 4. Upon receipt of attorne y's fees in the amount of $16,407.00 pursuant to 42 U.S.C. § 406(b), Plaintiffs counsel, John M. Pennington, shall immediately refund to Plaintiff the previously awarded EAJA fee in the amount of $2,521.73. Signed by SENIOR JUDGE LACEY A COLLIER on 2/4/2011. (djb)
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