Brandt v. Social Security Administration Commissioner
ORDER granting 13 Motion for Attorney Fees in the amount of $5342.85. 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, any EAJA award by this Court should be made payable to plaintiff and not counsel; adopting Report and Recommendations re 16 . Signed by Honorable P. K. Holmes, III on December 4, 2012. (rw)
IN THE UNITED STATES DISTRICT COURT
WESTERN DISTRICT OF ARKANSAS
FORT SMITH DIVISION
Civil No. 2:11-CV-02152
MICHAEL J. ASTRUE
Commissioner, Social Security Administration
Before the Court is the Report and Recommendation (Doc. 16) filed on October 26, 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. 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 Motion for
Attorney Fees (Doc. 13) be GRANTED and finds that Plaintiff is entitled to an award under the
EAJA in the amount of $5,342.85. This award represents 19.15 attorney hours in 2011 at an hourly
rate of $174.00, 4.65 attorney hours in 2012 at an hourly rate of $180.00, and 15.65 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 4th day of December, 2012.
/s/P. K. Holmes, III
P.K. HOLMES, III
CHIEF U.S. DISTRICT JUDGE
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