Carter v. Social Security Administration Commissioner

Filing 18

ORDER ADOPTING [17} REPORT AND RECOMMENDATION in toto and granting the 11 Motion for Attorney's Fees Pursuant to the EAJA in the amount of $2575.00. 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 November 1, 2011. (mfr)

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

JUSTIN CARTER

PLAINTIFF

v.

Civil No. 10-3019

MICHAEL J. ASTRUE,
Commissioner of Social Security

DEFENDANT

O R D E R
Now

on

this

1st

day

of

November,

2011,

comes

on

for

consideration the Magistrate Judge's Report and Recommendation
(Doc. 17) 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 Award of Attorney's Fees Pursuant to the
Equal Access to Justice Act (Doc. 11) should be, and it hereby is,
granted.
IT IS FURTHER ORDERED that plaintiff's counsel should be
awarded compensation under the EAJA for: 17.8 hours at a rate of
$125.00 per hour, for a total attorney’s fee award of $2,225.00,
plus the filing fee of $350.00 as expenses, for a total award of
$2,575.0.

This amount should be paid in addition to, and not out

of, any past due benefits which plaintiff may be awarded in the
future.
IT IS SO ORDERED.
/s/Jimm Larry Hendren
HON. JIMM LARRY HENDREN
UNITED STATES DISTRICT JUDGE