Clevinger v. Astrue

Filing 31

ORDER adopting Report and Recommendations re 30 Report and Recommendations; granting in part and denying in part 24 Motion for Attorney Fees. Signed by Judge James P. Jones on 3/26/2012. (lmh)

IN THE UNITED STATES DISTRICT COURT
FOR THE WESTERN DISTRICT OF VIRGINIA
ABINGDON DIVISION

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ROBERT F. CLEVINGER,
Plaintiff,
v.
COMMISSIONER OF
SOCIAL SECURITY,
Defendant.

Case No. 1:10CV00053
ORDER
By: James P. Jones
United States District Judge

It appearing that no objections have been timely filed to the Report filed
February 17, 2012, setting forth the findings and recommendations of the
magistrate judge, it is ORDERED as follows:
1.

The Report (ECF No. 30) and its findings and recommendations are

wholly ACCEPTED and APPROVED;
2.

Plaintiff’s Application for an Award of Attorney’s Fees (ECF No. 24)

is GRANTED IN PART. Plaintiff is awarded attorneys’ fees under the Equal
Access to Justice Act in the amount of $1,156.25. These attorneys’ fees shall be
paid directly to Plaintiff and sent to the business address of Plaintiff’s counsel.
Full or partial remittance of the awarded attorneys’ fees shall be contingent upon a
determination by the government that Plaintiff owes no qualifying pre-existing

debt to the government. If such debt exists, the attorneys’ fees shall be reduced to
the extent necessary to satisfy such debt.
ENTER: March 26, 2012
/s/ James P. Jones
United States District Judge

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