Qualls v. Social Security Administration Commissioner

Filing 17

ORDER for Attorney Fees in the amount of $1,812.72. 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. Signed by Honorable Robert T. Dawson on June 3, 2010. (lw)

IN THE UNITED STATES DISTRICT COURT WESTERN DISTRICT OF ARKANSAS FORT SMITH DIVISION

ROBERTA D. QUALLS vs. Civil No. 2:09-cv-02026

PLAINTIFF

MICHAEL J. ASTRUE Commissioner, Social Security Administration ORDER

DEFENDANT

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.16). 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 in the amount of $1,812.72, representing 11.95 hours of attorney work at an hourly rate of $150.00 and $20.22 in costs. 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 June, 2010. /s/ Robert T. Dawson HON. ROBERT T. DAWSON UNITED STATES DISTRICT JUDGE