Phillips v. Social Security Administration Commissioner

Filing 20

ORDER adopting 19 Report and Recommendations in its entiretyand granting 16 Motion for Attorney Fees, in favor of Janice L. Phillips against Social Security Administration Commissioner in the amount of $913.35. This amount should be paid in addition to, and not out of, any past due benefits which plaintiff may be awarded in the future. Further, any EAJA award by this Court should be made payable to plaintiff and not counsel. Signed by Honorable P. K. Holmes, III on November 14, 2012. (rw)

IN THE UNITED STATES DISTRICT COURT
WESTERN DISTRICT OF ARKANSAS
HARRISON DIVISION
JANICE L. PHILLIPS
vs.

PLAINTIFF
Civil No. 3:10-CV-03056

MICHAEL J. ASTRUE
Commissioner, Social Security Administration

DEFENDANT

ORDER
Before the Court is the Report and Recommendation (Doc. 19) filed on August 22, 2012 by
the Honorable Erin L. Setser, United States Magistrate Judge for the Western District of Arkansas.
Judge Setser recommends that Plaintiff’s Motion for Attorney Fees Under the Equal Access to
Justice Act (“EAJA”), 28 U.S.C. § 2412, be granted. Defendant has not filed objections to the
Report and Recommendation, and the time to object has passed. See 28 U.S.C. § 636(b)(1).
The Court finds that the Report and Recommendation is proper and should be and hereby is
ADOPTED IN ITS ENTIRETY. Accordingly, the Court ORDERS that Plaintiff’s Motion for
Attorney Fees (Doc. 16) be GRANTED and finds that Plaintiff is entitled to an award under the
EAJA in the amount of $913.35. This award represents 4.3 hours of attorney time for work
performed in 2010 and 2011 at an hourly rate of $155.00; 3 hours of paralegal time for work
performed in 2010 and 2011 at an hourly rate of $75.00; plus $21.85 in postage expenses. 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.

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IT IS SO ORDERED this 14th day of November, 2012.

/s/P. K. Holmes, III
P.K. HOLMES, III
CHIEF U.S. DISTRICT JUDGE

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