Woods v. Social Security Administration Commissioner
JUDGMENT on Attorney Fees in the amount of $4,217.85. 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 ADOPTING 19 REPORT AND RECOMMENDATIONS in its entirety. Signed by Honorable P. K. Holmes, III on May 10, 2012. (lw)
IN THE UNITED STATES DISTRICT COURT
WESTERN DISTRICT OF ARKANSAS
FORT SMITH DIVISION
VANESSA R. WOODS
Case No. 2:11-CV-02071
MICHAEL J. ASTRUE
Commissioner, Social Security Administration
Currently before the Court is the Report and Recommendations (Doc. 19) filed on April 19,
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 Recommendations, 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 $4,217.85. This award represents 17.2 attorney hours in 2011
at an hourly rate of $173.00, 2 attorney hours in 2012 at a rate of $173.00, and 11.95 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 10th day of May, 2012.
/s/P. K. Holmes, III
P.K. HOLMES, III
CHIEF U.S. DISTRICT JUDGE
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