Cochran v. Social Security Administration Commissioner
ORDER granting 12 , the motion for Attorney Fees in the amount of $1,100.00. This amount should be paid in addition to, and not out of, any past due benefits which plaintiff may be awarded in the future. Further, any EAJA award by this Court should be made payable to plaintiff and not counsel, and Report and Recommendations re 17 are adopted. Signed by Honorable P. K. Holmes, III on November 15, 2012. (sh)
IN THE UNITED STATES DISTRICT COURT
WESTERN DISTRICT OF ARKANSAS
FORT SMITH DIVISION
Civil No. 2:11-CV-02049
MICHAEL J. ASTRUE
Commissioner, Social Security Administration
Before the Court is the Report and Recommendation (Doc. 17) filed on August 6, 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. Defendant has not filed
objections to the Report and Recommendation, and the time to object has passed. See 28 U.S.C. §
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. 12) be GRANTED and finds that Plaintiff is entitled to an award under the
EAJA in the amount of $1,100.00. This award represents 6.0 hours of attorney time for work
performed in 2011 and 2012 at an hourly rate of $125.00 plus $350 in filing fees. 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 15th day of November, 2012.
/s/P. K. Holmes, III
P.K. HOLMES, III
CHIEF U.S. DISTRICT JUDGE
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