Rider v. Social Security Administration Commissioner

Filing 19

ORDER adopting 18 REPORT AND RECOMMENDATIONS in toto and awarding Plaintiff's 12 Attorney Fees in the amount of $2,152.89 as set forth. Signed by Honorable Jimm Larry Hendren on December 12, 2008. (mfr)

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IN THE UNITED STATES DISTRICT COURT WESTERN DISTRICT OF ARKANSAS HARRISON DIVISION BEVERLY RIDER o/b/o A.R.C. v. CIVIL NO. 07-3042 PLAINTIFF MICHAEL J. ASTRUE, Commissioner Social Security Administration ORDER DEFENDANT On this 12th day of December, 2008, the court has before it for consideration plaintiff's request for attorney's fees and costs pursuant to the Equal Access to Justice Act, 28 U.S.C. 2412. For reasons set forth in the report and recommendation (Doc. #18) filed by the Honorable James R. Marschewski, United States Magistrate Judge for the Western District of Arkansas, on November 5, 2008, the court finds that the Magistrate's recommendations should be adopted in toto and hereby awards plaintiff's attorney fees in the amount of $2,152.89 representing 12.95 hours of work at a rate of $165.00 per hour and $16.14 in expenses. Further, this award should be paid directly to plaintiff's counsel. Ratliff v. Astrue, 540 F.3d 800, 802 (8th Cir. 2008). This amount shall be paid in addition to, and not out of, any past-due benefits plaintiff may be awarded in the future. IT IS SO ORDERED. /s/Jimm Larry Hendren HON. JIMM LARRY HENDREN UNITED STATES DISTRICT JUDGE AO72A (Rev. 8/82)

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