Baze v. Social Security Administration Commissioner

Filing 14

ORDER adopting the Magistrate's 13 recommendations in toto and awarding plaintiff's Attorney Fees in the amount of $1,967.03; further this award should 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 March 2, 2009. (rw)

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IN THE UNITED STATES DISTRICT COURT WESTERN DISTRICT OF ARKANSAS HARRISON DIVISION WILLIAM F. BAZE v. CIVIL NO. 07-03048 DEFENDANT PLAINTIFF MICHAEL J. ASTRUE, Commissioner Social Security Administration ORDER NOW on this the 2nd day of March 2009, the Court has before it for consideration Plaintiff's Motion for Attorney's Fees and Costs under the Equal Access to Justice Act, 28 U.S.C. 2412 (document #10). For the reasons set forth in the Report and Recommendation filed by the Honorable Barry A. Bryant, United States Magistrate Judge for the Western District of Arkansas, on February 4, 2009 (document #13), to which no objections have been filed, the Court finds that the Magistrate's recommendations should be adopted in toto and hereby awards Plaintiff's attorney fees in the amount of $1,967.03, representing 9 hours of work at a rate of $155.00 per hour, 7 paralegal hours at a rate of $75.00 per hour, and $47.03 in expenses. This award should be paid directly to Plaintiff's counsel. See Ratliff v. Astrue, 540 F.3d 800, 802 (8th Cir. 2008). Further, this amount shall be paid in addition to, and not out of, any past-due benefits Plaintiff may be awarded in the future. AO72A (Rev. 8/82) IT IS SO ORDERED. /s/Jimm Larry Hendren HON. JIMM LARRY HENDREN UNITED STATES DISTRICT JUDGE AO72A (Rev. 8/82)

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