Marshall v. Social Security Administration Commissioner

Filing 15

ORDER awarding Attorney Fees in the amount of $1,276.10 as set forth. Signed by Honorable Jimm Larry Hendren on June 27, 2011. (lw)

IN THE UNITED STATES DISTRICT COURT
WESTERN DISTRICT OF ARKANSAS
HARRISON DIVISION

BETTY MARSHALL
vs.

PLAINTIFF
Civil No. 3:09-cv-03071

MICHAEL J. ASTRUE
Commissioner, Social Security Administration

DEFENDANT

ORDER
Before the Court is the Report and Recommendation filed on June 6, 2011 by the Honorable
Barry A. Bryant, United States Magistrate Judge for the Western District of Arkansas. ECF No. 14.
Judge Bryant recommends that Plaintiff’s Application for Attorney Fees Under the Equal Access to
Justice Act (“EAJA”) be GRANTED. Neither party has 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 Plaintiff's counsel is entitled to compensation under the
EAJA in the amount of $1,276.10. This award represents 3.95 attorney hours at an hourly rate of
$155.00, 8.20 paralegal hours at an hourly rate of $75.00, and costs of $48.85. 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 27th day of June, 2011.
_/s/ Jimm Larry Hendren_________
HON. JIMM LARRY HENDREN
UNITED STATES DISTRICT JUDGE