Jones v. Social Security Administration Commissioner

Filing 18

ORDER on Attorney Fees in the amount of $1,866.85. 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, adopting 17 Report and Recommendations in its entirety. Signed by Honorable P. K. Holmes, III on May 9, 2012. (lw)

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IN THE UNITED STATES DISTRICT COURT WESTERN DISTRICT OF ARKANSAS HARRISON DIVISION JASMIN M. JUNG JONES vs. PLAINTIFF Civil No. 3:10-CV-03079 MICHAEL J. ASTRUE Commissioner, Social Security Administration DEFENDANT ORDER Currently before the Court is the Report and Recommendations (Doc. 17) filed on April 9, 2012 by the Honorable James R. Marschewski, Chief United States Magistrate Judge for the Western District of Arkansas. Judge Marschewski recommends that Plaintiff’s Application for Attorney Fees Under the Equal Access to Justice Act (“EAJA”), 28 U.S.C. § 2412, be GRANTED. The parties have not filed objections to the Report and Recommendations, 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 finds that Plaintiff is entitled to an award of attorney’s fees under the EAJA in the amount of $1,866.85. This award represents 7.5 attorney hours at an hourly rate of $155.00, 9.1 paralegal hours at an hourly rate of $75.00, and $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. IT IS SO ORDERED, this 9th day of May, 2012. /s/P. K. Holmes, III P.K. HOLMES, III CHIEF U.S. DISTRICT JUDGE

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