-JRM Phillips v. Social Security Administration Commissioner

Filing 14

ORDER granting 10 plaintiff's Motion for Attorney Fees and awards fees in the amount of $4268.37, pursuant to the Equal Access to Justice Act. This is paid in addition to and not out of, any past due benefits which plaintiff may be awarded in the future. Report and Recommendations re 13 are adopted in toto. Signed by Honorable P. K. Holmes, III on January 18, 2012. (sh)

IN THE UNITED STATES DISTRICT COURT
WESTERN DISTRICT OF ARKANSAS
FORT SMITH DIVISION
DEANNA LYNN PHILLIPS
vs.

PLAINTIFF
Civil No. 2:10-cv-02139

MICHAEL J. ASTRUE
Commissioner, Social Security Administration

DEFENDANT

ORDER
Before the Court is the Report and Recommendation filed on December 7, 2011 by the
Honorable Barry A. Bryant, United States Magistrate Judge for the Western District of Arkansas.
(Doc. 13). 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 $4,268.37. This award represents 27.20 hours of attorney time at an hourly rate of
$156.00 and expenses of $25.17. 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 18th day of January, 2012.
`

s/P. K. Holmes, III
P.K. HOLMES, III
UNITED STATES DISTRICT JUDGE