McKamie v. Social Security Administration Commissioner

Filing 13

ORDER ADOPTING REPORT AND RECOMMENDATIONS for 12 Report and Recommendations, awarding Plaintiff's counsel attorney fees in the amount of $2,784.00 under EAJA. Signed by Honorable Jimm Larry Hendren on September 1, 2010. (cap)

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McKamie v. Social Security Administration Commissioner Doc. 13 IN THE UNITED STATED DISTRICT COURT WESTERN DISTRICT OF ARKANSAS TEXARKANA DIVISION SHARON ELIZABETH MCKAMIE V. NO. 08-4122 PLAINTIFF MICHAEL J. ASTRUE, Commissioner of Social Security ORDER DEFENDANT On this 1st day of September, 2010, comes on for consideration the United States Magistrate Judge Erin L. Setser's Report and Recommendation dated July 2, 2010, regarding the request for attorney's fees filed by Plaintiff's counsel. For the reasons set forth in the Report and Recommendation, the Court hereby orders that Plaintiff's counsel is entitled to compensation under the EAJA for: 16 hours at a rate of $174.00 per hour, for a total attorney's fee award of $2,784.00. 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. /s/ Jimm Larry Hendren JIMM LARRY HENDREN UNITED STATES DISTRICT JUDGE AO72A (Rev. 8/82)

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