Kuykendall v. Social Security Administration Commissioner
ORDER ADOPTING REPORT AND RECOMMENDATIONS in its entirety. Further awarding attorney fees in the amount of $3,175.60. This amount should be paid in addition to, and not out of, any past due benefits which plaintiff may be awarded in the future. Signed by Honorable P. K. Holmes, III on December 4, 2012. (lw)
IN THE UNITED STATES DISTRICT COURT
WESTERN DISTRICT OF ARKANSAS
FORT SMITH DIVISION
TERRY D. KUYKENDALL
Civil No. 2:11-CV-02165
MICHAEL J. ASTRUE
Commissioner, Social Security Administration
Before the Court is the Report and Recommendation (Doc. 19) filed on October 30, 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. Neither party has filed
objections to the Report and Recommendation, and the time to object has passed. See 28 U.S.C. §
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. 15) be GRANTED and finds that Plaintiff is entitled to an award under the
EAJA in the amount of $3,175.60. This award represents 16.90 attorney hours at an hourly rate of
$174.00 and 4.70 paralegal hours 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 future.
Pursuant to Astrue v. Ratliff, 130 S. Ct. 2521, 2528 (2010), the EAJA award should be made payable
to Plaintiff, but may be mailed to Plaintiff’s counsel.
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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