Roberson v. Social Security Administration Commissioner
ORDER granting 16 motion for Attorney fees in the amount of $4927.20. This amount should be paid in addition to, and not out of, any past due benefits which plaintiff may be awarded in the future. Further, any EAJA award by this Court should be made payable to plaintiff and not counsel. ORDER ADOPTING REPORT AND RECOMMENDATIONS for 19 in toto..(sh)
IN THE UNITED STATES DISTRICT COURT
WESTERN DISTRICT OF ARKANSAS
FORT SMITH DIVISION
Case No. 2:11-CV-02020
MICHAEL J. ASTRUE
Commissioner, Social Security Administration
Currently before the Court is the Report and Recommendation (Doc. 19) filed on April 23,
2012 by the Honorable James R. Marschewski, Chief United States Magistrate Judge for the Western
District of Arkansas. Judge Marschewski recommends that Plaintiff’s Motion for Attorney Fees
Under the Equal Access to Justice Act (“EAJA”), 28 U.S.C. § 2412, be granted. The parties have
not filed objections to the Report and Recommendation, and the time to object has passed. See 28
U.S.C. § 636(b)(1).
The Court finds that the Report and Recommendation is proper and should be and hereby is
ADOPTED IN ITS ENTIRETY. Accordingly, the Court ORDERS that Plaintiff’s Motion for
Attorney Fees (Doc. 16) be GRANTED and finds that Plaintiff is entitled to an award of attorney’s
fees under the EAJA in the amount of $4,927.20. This award represents 3 attorney hours in 2010
at an hourly rate of $171.00, 17.05 attorney hours in 2011 at an hourly rate of $174.00, 1 attorney
hour in 2012 at an hourly rate of $180.00, and 16.9 paralegal hours at an hourly rate of $75.00. 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 14th day of May, 2012.
/s/P. K. Holmes, III
P.K. HOLMES, III
CHIEF U.S. DISTRICT JUDGE
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