Newman v. Social Security Administration Commissioner

Filing 16

ORDER adopting 15 Report and Recommendations and granting 12 Motion for Attorney Fees in favor of Aronda Newman against Social Security Administration Commissioner in the amount of $2,625.75. This amount should be paid in addition to, and not out of, any past due benefits which plaintiff may be awarded in the future. Signed by Honorable Susan O. Hickey on August 3, 2012. (cnn)

IN THE UNITED STATES DISTRICT COURT
WESTERN DISTRICT OF ARKANSAS
EL DORADO DIVISION

ARONDA NEWMAN
vs.

PLAINTIFF
Civil No. 1:11-cv-01035

MICHAEL J. ASTRUE
Commissioner, Social Security Administration

DEFENDANT

ORDER
Before the Court is the Report and Recommendation filed on July 12, 2012 by the Honorable
Barry A. Bryant, United States Magistrate Judge for the Western District of Arkansas. ECF No. 15.
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 Plaintiff is entitled to compensation under the EAJA in the
amount of $2,625.75. This award represents 13.25 attorney hours in 2011 at $174.00 per hour,1.05
attorney hours in 2012 at $180.00 per hour, and 1.75 hours of paralegal time at $75.00 per hour.
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 3rd day of August, 2012.

/s/ Susan O. Hickey
Hon. Susan O. Hickey
United States District Judge