Abel v. Social Security Administration Commissioner

Filing 18

ORDER on Attorney Fees in the amount of $4,416.60. 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, adopting 17 Report and Recommendations in its entirety. Signed by Honorable P. K. Holmes, III on September 26, 2012. (lw)

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IN THE UNITED STATES DISTRICT COURT WESTERN DISTRICT OF ARKANSAS FORT SMITH DIVISION ROBERT JOE ABEL vs. PLAINTIFF Civil No. 2:11-CV-02164 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. 14) be GRANTED and finds that Plaintiff is entitled to an award under the EAJA in the amount of $4,416.60. This award represents 23.40 hours of attorney time for work performed in 2011 and 2012 at an hourly rate of $174.00 and 4.60 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 recovery by counsel for Plaintiff. -1- IT IS SO ORDERED this 26th day of September, 2012. /s/P. K. Holmes, III P.K. HOLMES, III CHIEF U.S. DISTRICT JUDGE -2-

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