Wheeler v. Social Security Administration Commissioner

Filing 17

ORDER on Attorney Fees; the Court finds that the Magistrate's recommendations should be adopted in toto and hereby awards the Plaintiff, Terlann S. Wheeler attorney fees in the amount of $1,773.39. Further, this award should be paid directly to Plaintiff's counsel. 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 February 23, 2009. (lw)

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IN THE UNITED STATES DISTRICT COURT WESTERN DISTRICT OF ARKANSAS HARRISON DIVISION TERLANN S. WHEELER v. CIVIL NO. 07-3058 DEFENDANT PLAINTIFF MICHAEL J. ASTRUE, Commissioner Social Security Administration ORDER NOW on this the 23rd day of February 2009, 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 (document #11). For the 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 January 22, 2009 (document #16), the Court finds that the Magistrate's recommendations should be adopted in toto and hereby awards Plaintiff's attorney fees in the amount of $1,773.39, representing 10.65 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. F.3d 800, 802 (8th Cir. 2008). Ratliff v. Astrue, 540 AO72A (Rev. 8/82) 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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