Lamorte v. Social Security Administration Commissioner

Filing 18

ORDER for attorney's fees in the amount of $1,522.03 under the EAJA. This amount should be paid in addition to, and not out of, any past due benefits which Plaintiff may be awarded in the future. Signed by Honorable Jimm Larry Hendren on March 30, 2010. (lw)

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IN THE UNITED STATES DISTRICT COURT WESTERN DISTRICT OF ARKANSAS HARRISON DIVISION CHRISTINE A. LAMORTE vs. Civil No. 3:08-cv-03040 DEFENDANT PLAINTIFF MICHAEL J. ASTRUE Commissioner, Social Security Administration ORDER Before the Court is the Report and Recommendation, filed on February 8, 2010 by the Honorable Barry A. Bryant, United States Magistrate Judge for the Western District of Arkansas (document #17). Said Report and Recommendation 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 in the amount of $1,522.03, representing 6.25 hours of attorney work at an hourly rate of $155.00, 6.75 hours of paralegal work at an hourly rate of $75.00, and $47.03 in postage and copies. 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 30th day of March, 2010. /s/ Jimm Larry Hendren JIMM LARRY HENDREN UNITED STATES DISTRICT JUDGE

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