Lewis v. Social Security Administration Commissioner
ORDER adopting the Magistrate's 16 Report and Recommendations in toto and awarding plaintiff's 13 attorney fees in the amount of $3,303.72; further award should be paid directly to plaintiff's counsel and this amount shall be paid in addition to, and not out of, any past-due benefits plaintiff may be awarded in the future. Signed by Honorable Jimm Larry Hendren on September 4, 2009. (rw)
IN THE UNITED STATES DISTRICT COURT WESTERN DISTRICT OF ARKANSAS FORT SMITH DIVISION
JOHNNA LEWIS o/b/o W.B.S. v. CIVIL NO. 08-2014
MICHAEL J. ASTRUE, Commissioner Social Security Administration ORDER
On this 4th day of September, 2009, the court has before it for consideration plaintiff's request for attorney's fees and costs pursuant to the Equal Access to Justice Act, 28 U.S.C. § 2412. For reasons set forth in the report and recommendation filed by the Honorable James R. Marschewski, United States Magistrate Judge for the Western District of Arkansas, on August 12, 2009, the court finds that the Magistrate's recommendations should be adopted in toto and hereby awards plaintiff's attorney fees in the amount of $3,303.72 representing 17.70 hours of work at a rate of $165.00 per hour and $383.22 in expenses. Further, this award should be paid directly to plaintiff's counsel. Ratliff v. Astrue, 540 F.3d 800, 802 (8th Cir. 2008). This amount shall be paid in addition to, and not out of, any past-due benefits plaintiff may be awarded in the future. IT IS SO ORDERED.
/s/Jimm Larry Hendren HON. JIMM LARRY HENDREN UNITED STATES DISTRICT JUDGE
AO72A (Rev. 8/82)
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