Brunelle v. Social Security Administration Commissioner

Filing 19

ORDER adopting 18 Report and Recommendations; further granting 15 Motion for Attorney Fees; Plaintiff is awarded attorney fees in the amount of $3,792.90 pursuant the the EAJA. Signed by Honorable Robert T. Dawson on July 7, 2015. (hnc)

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IN THE UNITED STATES DISTRICT COURT WESTERN DISTRICT OF ARKANSAS FORT SMITH DIVISION LINDA SUE BRUNELLE vs. PLAINTIFF Civil No. 2:13-cv-02259 CAROLYN COLVIN Commissioner, Social Security Administration DEFENDANT ORDER Before the Court is the Report and Recommendation filed on June 15, 2015 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 $3,792.90. This award represents 18.80 attorney hours at an hourly rate of $183.00 and 4.70 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 7th day of July, 2015. /s/ Robert T. Dawson HON. ROBERT T. DAWSON UNITED STATES DISTRICT JUDGE

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