Sanders v. Social Security Administration Commissioner

Filing 24

ORDER adopting Report and Recommendations in toto, and awarding Attorney Fees in the amount of $2,235.85 plus $17.13 in costs. 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 3, 2012. (lw)

IN THE UNITED STATES DISTRICT COURT
WESTERN DISTRICT OF ARKANSAS
HARRISON DIVISION
ZANE D. SANDERS

PLAINTIFF

v.

Civil No. 09-3088

MICHAEL J. ASTRUE,
Commissioner of Social Security

DEFENDANT

O R D E R
Now

on

this

3rd

day

of

January,

2012,

comes

on

for

consideration the Magistrate Judge's Report and Recommendation
(Doc. 23) to which no objections have been made.

The Court, having

carefully reviewed said Report and Recommendation, finds that it is
sound in all respects, and that it should be adopted in toto.
IT IS THEREFORE ORDERED that the Magistrate Judge's Report and
Recommendation is adopted in toto.
IT IS FURTHER ORDERED that, for the reasons stated in the
Magistrate Judge's Report and Recommendation, the Court finds that
Plaintiff’s Motion for Attorney Fees Pursuant to the Equal Access
to Justice Act (Doc. 14) should be, and it hereby is, granted.
IT

IS

FURTHER

ORDERED

that

Plaintiff

is

entitled

to

compensation under the EAJA for 12.95 hours -- at a rate of $170.00
per hour for 1.5 hours of work performed in 2009; $173.00 per hour
for 9.7 hours of work performed in 2010; and $173.00 per hour for
1.75 hours of work performed in 2011 -- for a total attorney’s fee
award of $2,235.85, plus $17.13 in costs.

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
HON. JIMM LARRY HENDREN
UNITED STATES DISTRICT JUDGE