-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)

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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

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