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)

Download PDF
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

Disclaimer: Justia Dockets & Filings provides public litigation records from the federal appellate and district courts. These filings and docket sheets should not be considered findings of fact or liability, nor do they necessarily reflect the view of Justia.

Why Is My Information Online?