Spencer v. Social Security Administration Commissioner
ORDER awarding plaintiff attorney fees in the amount of $3,412.65 and 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 Robert T. Dawson on March 28, 2014. (rw)
IN THE UNITED STATES DISTRICT COURT
WESTERN DISTRICT OF ARKANSAS
FORT SMITH DIVISION
KIRK P. SPENCER, III
Civil No. 2:12-cv-02303
Commissioner, Social Security Administration
Before the Court is the Report and Recommendation filed on February 25, 2014 by the
Honorable Barry A. Bryant, United States Magistrate Judge for the Western District of Arkansas.
ECF No. 18. Judge Bryant recommends that Plaintiff’s Application for Attorney Fees Under the
Equal Access to Justice Act (“EAJA”) 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).
Accordingly, this Court finds that Plaintiff is entitled to compensation under the EAJA in the
amount of $3,412.65. This award represents 3.00 attorney hours at an hourly rate of $180.00 for
work performed in 2012, 13.80 attorney hours at an hourly rate of $183.00 for work performed in
2013 and 2014, and 11.95 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 28th day of March 2014.
/s/ Robert T. Dawson
HON. ROBERT T. DAWSON
UNITED STATES DISTRICT JUDGE
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