ENGBERG v. ASTRUE

Filing 47

ORDER adopting 46 Report and Recommendation. The 44 Motion for Attorney Fees is GRANTED. Pla's counsel, Stacey Penn Clark, is awarded attorney's fees in the total amount of $13,767.43, which shall be paid out of Pla's past due benefits. Upon receipt of attorney's fees: (a) in the amount of $13,767.43, Pla's counsel, Stacey Penn Clark, shall immediately refund Pla the previously awarded EAJA fee in the amount of $5,750.00 and th e previously awarded sum of $5,214.00; or (b) in the amount of $8,553.43, Pla's counsel, Stacey Penn Clark, shall immediately refund Pla the previously awarded EAJA fee in the amount of $5,750.00. Signed by SENIOR JUDGE ROGER VINSON on January 11, 2013. (kvg)

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IN THE UNITED STATES DISTRICT COURT FOR THE
NORTHERN DISTRICT OF FLORIDA
PENSACOLA DIVISION
BARBARA H. ENGBERG,
Plaintiff,
vs.

Case No.: 3:10cv64/RV/EMT

MICHAEL J. ASTRUE,
Commissioner of Social Security,
Defendant.
____________________________/
ORDER
This cause comes on for consideration upon the magistrate judge’s Report and
Recommendation dated December 13, 2012 (doc. 46). The parties have been furnished a copy of
the Report and Recommendation and have been afforded an opportunity to file objections pursuant
to Title 28, United States Code, Section 636(b)(1). No objections have been filed.
Having considered the Report and Recommendation, I have determined that the Report and
Recommendation should be adopted.
Accordingly, it is now ORDERED as follows:
1.

The magistrate judge’s Report and Recommendation is adopted and incorporated by

reference in this order.
2.

The Motion for Attorney Fees Under Title 42 U.S.C. § 406(b) (doc. 44) is

GRANTED.
3.

Plaintiff’s counsel, Stacey Penn Clark, is awarded attorney’s fees in the total amount

of $13,767.43, which shall be paid out of Plaintiff’s past due benefits.
4.

Upon receipt of attorney’s fees pursuant to 42 U.S.C. § 406:
(a) in the amount of $13,767.43, Plaintiff’s counsel, Stacey Penn Clark, shall

immediately refund to Plaintiff the previously awarded EAJA fee in the amount of $5,750.00 and
the previously awarded sum of $5,214.00; or

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(b) in the amount of $8,553.43, Plaintiff’s counsel, Stacey Penn Clark, shall
immediately refund to Plaintiff the previously awarded EAJA fee in the amount of $5,750.00.
DONE AND ORDERED this 11th day of January, 2013.
/s/ Roger Vinson
ROGER VINSON
SENIOR UNITED STATES DISTRICT JUDGE

Case No.: 3:10cv64/RV/EMT