Maybee v. Social Security Administration Commissioner

Filing 17

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).

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IN THE UNITED STATES DISTRICT COURT WESTERN DISTRICT OF ARKANSAS HARRISON DIVISION JAMES E. MAYBEE vs. PLAINTIFF Civil No. 3:10-cv-03063 MICHAEL J. ASTRUE Commissioner, Social Security Administration DEFENDANT ORDER 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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