Caviness v. Social Security Administration Commissioner

Filing 20

ORDER on Attorney Fees in the amount of $994.35. 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 January 23, 2012. (rw)

IN THE UNITED STATES DISTRICT COURT
WESTERN DISTRICT OF ARKANSAS
HARRISON DIVISION
ETTA J. CAVINESS
V.

PLAINTIFF
NO. 09-3081

MICHAEL J. ASTRUE,
Commissioner of the Social Security Administration

DEFENDANT

ORDER
On this 23rd day of January, 2012, comes on for consideration United States Magistrate
Judge Erin L. Setser’s Report and Recommendation dated December 19, 2011, to which no
objections have been filed.
For the reasons set forth in the Report and Recommendation, the Court hereby orders that
Plaintiff’s counsel is entitled to compensation under the EAJA for: 3.55 attorney hours at a rate
of $155.00 per hour, and 5.15 paralegal hours at a rate of $75.00 per hour, for a total attorney’s
fee award of $ 936.50, plus $51.85 in costs, for a total award of $994.35. 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 the Plaintiff.
IT IS SO ORDERED.
_/s/ Jimm Larry Hendren________________
JIMM LARRY HENDREN
UNITED STATES DISTRICT JUDGE

AO72A
(Rev. 8/82)