Devine v. Social Security Administration Commissioner

Filing 13

ORDER: granting Plaintiff's motion 9 for attorneys fees, and awarding Fees, in the amount of $1,723.78, under the Equal Access to Justice Act, against Social Security Administration Commissioner, and ORDER ADOPTING REPORT AND RECOMMENDATIONS. Signed by Honorable Jimm Larry Hendren on December 29, 2008. (sh)

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IN THE UNITED STATES DISTRICT COURT WESTERN DISTRICT OF ARKANSAS HARRISON DIVISION SHARON R. DEVINE PLAINTIFF vs. Civil No. 3:07-cv-03036 DEFENDANT MICHAEL J. ASTRUE Commissioner, Social Security Administration ORDER Before the Court is the Report and Recommendation filed on December 2, 2008 by the Honorable Barry A. Bryant, United States Magistrate Judge for the Western District of Arkansas. (Doc. No. 12). 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 counsel is entitled to compensation under the EAJA for $1,723.78, which includes 8.50 hours for attorney fees at the rate of $155.00 per hour, 4.75 hours for paralegal fees at the rate of $75.00 per hour, and $50.03 in costs. 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 29th day of December, 2008. /s/Jimm Larry Hendren HON. JIMM LARRY HENDREN UNITED STATES DISTRICT JUDGE

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