Tanner v. Social Security Administration Commissioner

Filing 16

ORDER on Attorney Fees in favor of Marlon Brent Tanner against Social Security Administration Commissioner in the amount of $6,384.51. 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 Timothy L. Brooks on November 17, 2015. (tg)

IN THE UNITED STATES DISTRICT COURT
WESTERN DISTRICT OF ARKANSAS
HARRISON DIVISION

MARLON BRENT TANNER
V.

PLAINTIFF
CASE NO. 3:14-CV-3062

CAROLYN W. COLVIN
Commissioner, Social Security Administration

DEFENDANT

ORDER

Currently before the Court is the Report and Recommendation of United States
Magistrate Judge Barry A. Bryant, dated September 17, 2015 (Doc. 15), regarding the
Motion for Attorney's Fees (Doc. 12) filed by Plaintiff's counsel. More than fourteen (14)
days have passed since the parties' receipt of the Report and Recommendation , and no
objections were filed.
For the reasons set forth in the Report and Recommendation , the Plaintiff's Motion
(Doc. 12) is GRANTED , and the Court hereby orders that Plaintiff is entitled to
compensation under the EAJA for: 31 .60 attorney hours (2014) at a rate of $186.00 per
hour, 2.6 attorney hours (2015) at a rate of $186.25 per hour, and $22 .66 in out-of-pocket
expenses, for a total attorney fee award of $6 ,384 .51 . 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 the Plaintiff.

~~

IT IS SO ORDERED this

17 ;).fl~mber,2015

/ T1Mt2'0KS

UN:TED STATES DISTRICT JUDGE

2