Patton v. Social Security Administration Commissioner

Filing 15

ORDER ADOPTING REPORT AND RECOMMENDATIONS ; granting 11 Motion for Attorney Fees in the amount of $885.35. 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 December 4, 2012. (rw)

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IN THE UNITED STATES DISTRICT COURT WESTERN DISTRICT OF ARKANSAS HARRISON DIVISION MICHAEL W. PATTON vs. PLAINTIFF Civil No. 3:11-CV-03036 MICHAEL J. ASTRUE Commissioner, Social Security Administration DEFENDANT ORDER Before the Court is the Report and Recommendation (Doc. 14) filed on October 29, 2012 by the Honorable James R. Marschewski, Chief United States Magistrate Judge for the Western District of Arkansas. Judge Marschewski recommends that Plaintiff’s Motion for Attorney Fees Under the Equal Access to Justice Act (“EAJA”), 28 U.S.C. § 2412, be granted. Neither party has 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. 11) be GRANTED and finds that Plaintiff is entitled to an award under the EAJA in the amount of $885.35. This award represents 3.20 attorney hours at an hourly rate of $155.00, 4.90 paralegal hours at an hourly rate of $75.00, and expenses in the amount of $21.85. This amount should be paid in addition to, and not out of, any past due benefits which Plaintiff may be awarded in the future. 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. -1- IT IS SO ORDERED this 4th day of December, 2012. /s/P. K. Holmes, III P.K. HOLMES, III CHIEF U.S. DISTRICT JUDGE -2-

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