Waltermire v. Social Security Administration Commissioner
ORDER adopting 18 Report and Recommendation in its entirety and granting plaintiff's 14 Motion for attorney fees in the amount of $3195.60. 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. Signed by Honorable P. K. Holmes, III on September 26, 2012. (rw)
IN THE UNITED STATES DISTRICT COURT
WESTERN DISTRICT OF ARKANSAS
FORT SMITH DIVISION
CARL J. WALTERMIRE
Civil No. 2:11-CV-02121
MICHAEL J. ASTRUE
Commissioner, Social Security Administration
Before the Court is the Report and Recommendation (Doc. 18) filed on August 1, 2012 by
the Honorable Barry A. Bryant, United States Magistrate Judge for the Western District of Arkansas.
Judge Bryant 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. 14) be GRANTED and finds that Plaintiff is entitled to an award under the
EAJA in the amount of $3,195.60. This award represents 16.90 hours of attorney time at an hourly
rate of $174.00 and 5.10 hours of paralegal time at an hourly rate of $50.00. This amount should be
paid in addition to, and not out of, any past due benefits which Plaintiff may be awarded in the
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 26th day of September, 2012.
s/P. K. Holmes, III
P.K. HOLMES, III
CHIEF U.S. DISTRICT JUDGE
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