Tidwell v. Social Security Administration Commissioner

Filing 20

ORDER ADOPTING REPORT AND RECOMMENDATIONS; 19 granting in part 16 MOTION for Attorney Fees Under the Equal Access to Justice Act filed by Trista Tidwell in the amount of $6358.48. Signed by Honorable Harry F. Barnes on June 2, 2010. (cnn)

IN THE UNITED STATES DISTRICT COURT WESTERN DISTRICT OF ARKANSAS EL DORADO DIVISION TRISTA K. TIDWELL vs. Civil No. 1:09-cv-01001 DEFENDANT PLAINTIFF

MICHAEL J. ASTRUE Commissioner, Social Security Administration

ORDER Before the Court is the Report and Recommendation filed on May 13, 2010 by the Honorable Barry A. Bryant, United States Magistrate Judge for the Western District of Arkansas. (Doc. No. 19). Judge Bryant recommends Plaintiff's Application for Attorney Fees Under the Equal Access to Justice Act ("EAJA") be GRANTED IN PART. Neither Plaintiff nor Defendant has 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 Plaintiff's counsel is entitled to compensation under the EAJA for 37.30 hours of attorney work at an hourly rate of $167.00 per hour and $129.38 in costs for a total attorney fee award of $6,358.48. 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 2nd day of June, 2010. /s/ Harry F. Barnes________________ HON. HARRY F. BARNES UNITED STATES DISTRICT JUDGE