McFarland v. Social Security Administration Commissioner

Filing 19

ORDER on Attorney Fees in the amount of $1,642.82. 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 June 11, 2010. (lw)

IN THE UNITED STATES DISTRICT COURT WESTERN DISTRICT OF ARKANSAS HARRISON DIVISION KEITH V. MCFARLAND vs. Civil No. 3:08-cv-03067 DEFENDANT PLAINTIFF

MICHAEL J. ASTRUE Commissioner, Social Security Administration

ORDER Before the Court is the Report and Recommendation filed on June 7, 2010 by the Honorable Barry A. Bryant, United States Magistrate Judge for the Western District of Arkansas. (Doc. No. 18). Judge Bryant recommends Plaintiff's Application for Attorney Fees Under the Equal Access to Justice Act ("EAJA") be GRANTED. Neither Plaintiff or Defendant have 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 Plaintiff counsel is entitled to compensation under the EAJA in the amount of $1,642.85, representing 6.05 hours of attorney work at the rate of $155.00 per hour, 8.75 hours of paralegal work at the rate of $75.00 per hour, and $48.85 in expenses. 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 11th day of June, 2010. __/s/ Jimm Larry Hendren_______ HON. JIMM LARRY HENDREN UNITED STATES DISTRICT JUDGE