Davis v. Social Security Administration Commissioner

Filing 17

ORDER adopting the Magistrate's Report and Recommendations in toto and awarding plaintiff attorney's fees in the amount of $3,019.14; further this amount shall be paid in addition to, and not out of, any past-due benefits plaintiff may be awarded in the future. Signed by Honorable Jimm Larry Hendren on December 19, 2008. (rw)

IN THE UNITED STATES DISTRICT COURT W E S T E R N DISTRICT OF ARKANSAS H A R R IS O N DIVISION B ILLY J. DAVIS
V S.

P LA IN TIFF CIVIL NO. 07-3047

M ICHAEL J. ASTRUE, C OMMISSIONER, SOCIAL SECURITY ADMINISTRATION

D E FE N D A N T

ORDER On this 19th 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 filed by the Honorable James R. Marschewski, United States Magistrate Judge for the Western District of Arkansas, on November 25, 2008, the court finds that the Magistrate's recommendations should be adopted in toto and hereby awards plaintiff's attorney fees as follows: 18.20 hours for attorney's fees at the hourly rate of $165.00 per hour and $16.14 in expenses for a total attorney's fee award of $3,019.14. 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 JIMM LARRY HENDREN UNITED STATES DISTRICT JUDGE

AO72A (Rev. 8/82)