Williams v. Social Security Administration Commissioner

Filing 15

ORDER granting 11 Motion for Attorney Fees, under the Equal Access to Justice Act, in the amount of $5,733.99, and adopting Report and Recommendations re 14 . Signed by Honorable Jimm Larry Hendren on January 23, 2009. (sh)

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IN THE UNITED STATES DISTRICT COURT WESTERN DISTRICT OF ARKANSAS FORT SMITH DIVISION TERRY L. WILLIAMS vs. Civil No. 2:07-cv-02085 PLAINTIFF MICHAEL J. ASTRUE Commissioner, Social Security Administration DEFENDANT ORDER Before the Court is the Report and Recommendation filed on December 22, 2008 by the Honorable Barry A. Bryant, United States Magistrate Judge for the Western District of Arkansas. (Doc. No. 14). 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 36.60 attorney hours at an hourly rate of $156.00, and expenses of $24.39 for a total award of $5,733.99. 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 23rdday of January, 2009. /s/Jimm Larry Hendren HON. JIMM LARRY HENDREN UNITED STATES DISTRICT JUDGE

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