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)

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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 -1- 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 -2-

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