Maybee v. Social Security Administration Commissioner
ORDER granting Attorney Fees in the amount of $2,340.58, under the Equal Access to Justice Act. This amount should be paid in addition to, and not out of, any past benefits which Plaintiff may be awarded in the future. Further, any EAJA awarded by this Court should be made payable to plaintiff and not counsel. Signed by Honorable Jimm Larry Hendren on December 12, 2011. (sh) Modified on 12/12/2011 (sh).
IN THE UNITED STATES DISTRICT COURT
WESTERN DISTRICT OF ARKANSAS
JAMES E. MAYBEE
Civil No. 3:10-cv-03063
MICHAEL J. ASTRUE
Commissioner, Social Security Administration
Before the Court is the Report and Recommendation filed on October 26, 2011 by the
Honorable Barry A. Bryant, United States Magistrate Judge for the Western District of Arkansas.
ECF No. 16. Judge Bryant recommends that Plaintiff’s Application for Attorney Fees Under the
Equal Access to Justice Act (“EAJA”) be GRANTED. No objections have been filed 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 counsel is entitled to compensation under the EAJA in the
amount of $2,340.58. This award represents 12.05 hours of attorney time in 2010 at an hourly rate
of $169.66,1.60 hours of attorney time in 2011 at an hourly rate of $174.41, and $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 Plaintiff.
IT IS SO ORDERED, this 12th day of December, 2011.
_/s/ Jimm Larry Hendren_________
HON. JIMM LARRY HENDREN
UNITED STATES DISTRICT JUDGE
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