Anderson v. SSA Commissioner

Filing 22

JUDGMENT on Attorney Fees; ADOPTING REPORT AND RECOMMENDATIONS 20 granting 16 Motion for Attorney Fees under EAJA in the amount of $2066.25. Signed by Honorable Harry F. Barnes on October 23, 2009. (cnn)

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IN THE UNITED STATES DISTRICT COURT WESTERN DISTRICT OF ARKANSAS EL DORADO DIVISION ROY ANDERSON PLAINTIFF VS. CASE NO. 04-CV-1077 MICHAEL J. ASTRUE Commissioner, Social Security Administration DEFENDANT ORDER Before the Court is the Report and Recommendation filed on October 2, 2009, by the Honorable Barry A. Bryant, United States Magistrate Judge for the Western District of Arkansas. (Doc. No. 20). 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). Accordingly, this Court finds that counsel is entitled to compensation under the EAJA for 14.25 hours for attorney fees at the rate of $145.00 per hour, for a total attorney fee award of $2,066.25. 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, this 23rd day of October, 2009. /s/Harry F. Barnes Hon. Harry F. Barnes United States District Judge

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