McGahey v. Social Security Administration Commissioner

Filing 16

ORDER ADOPTING REPORT AND RECOMMENDATIONS in its entirety, as set forth. Further, awarding attorney fees in the amount of $4,439.50. This amount should be paid in addition to, and not out of, any past due benefits which plaintiff may be awarded in the future. Signed by Honorable P. K. Holmes, III on December 4, 2012. (lw)

IN THE UNITED STATES DISTRICT COURT
WESTERN DISTRICT OF ARKANSAS
FORT SMITH DIVISION
AUDREY I. MCGAHEY
vs.

PLAINTIFF
Civil No. 2:11-CV-02036

MICHAEL J. ASTRUE
Commissioner, Social Security Administration

DEFENDANT

ORDER
Before the Court is the Report and Recommendation (Doc. 15) filed on October 29, 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. Neither party has 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 Amended
Motion for Attorney Fees (Doc. 12) be GRANTED and finds that Plaintiff is entitled to an award
under the EAJA in the amount of $4,439.50. This award represents 23.95 attorney hours at an hourly
rate of $170.00 and costs in the amount of $368.00. 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 FURTHER ORDERED that Plaintiff’s First Motion for Attorney Fees (Doc. 8) is

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terminated as moot.
IT IS SO ORDERED this 4th day of December, 2012.

/s/P. K. Holmes, III
P.K. HOLMES, III
CHIEF U.S. DISTRICT JUDGE

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