United States District Court, W.D. Arkansas, Texarkana Division
November 19, 2014
BEVERLY J. MONTUE, Plaintiff,
CAROLYN COLVIN, Commissioner, Social Security Administration, Defendant.
SUSAN O. HICKEY, District Judge.
Before the Court is the Report and Recommendation filed on October 29, 2014 by the Honorable Barry A. Bryant, United States Magistrate Judge for the Western District of Arkansas. ECF No. 17. Judge Bryant recommends that Plaintiff's Application for Attorney Fees Under the Equal Access to Justice Act ("EAJA") 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).
Therefore, the Court adopts the Report and Recommendation in toto. Accordingly, this Court finds that Plaintiff is entitled to compensation under the EAJA in the amount of $6, 300.00. This amount should be paid in addition to, and not out of, any past due benefits which Plaintiff may be awarded in the future.
The parties are reminded that the award herein under the EAJA will be taken into account at such time as a reasonable fee is determined pursuant to 42 U.S.C. § 406 in order to prevent double recovery by counsel for Plaintiff.
IT IS SO ORDERED.