Herman v. Social Security Administration Commissioner

Filing 18

ORDER granting 13 , motion for Attorney Fees in the amount of $4767.90. 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 adopting 17 , REPORT AND RECOMMENDATIONS. 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
JOSHUA HERMAN
vs.

PLAINTIFF
Civil No. 2:11-CV-02094

MICHAEL J. ASTRUE
Commissioner, Social Security Administration

DEFENDANT

ORDER
Before the Court is the Report and Recommendation (Doc. 17) filed on September 4, 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.
§ 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. 13) be GRANTED and finds that Plaintiff is entitled to an award under the
EAJA in the amount of $4,767.90. This award represents 18.35 hours of attorney time for work
performed in 2011 at an hourly rate of $174.00; 3.75 hours of attorney time for work performed in
2012 at an hourly rate of $180.00; and 12.00 hours of paralegal time 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

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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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