Foster v. Social Security Administration Commissioner

Filing 17

ORDER ADOPTING REPORT AND RECOMMENDATIONS for 16 Report and Recommendations, and granting 13 Motion for Attorney Fees filed by Jerry Wayne Foster. Attorney Fees in the amount of $3,454.34 awarded to Plaintiff pursuant to EAJA. Signed by Honorable Harry F. Barnes on June 28, 2011. (cap)

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IN THE UNITED STATES DISTRICT COURT WESTERN DISTRICT OF ARKANSAS TEXARKANA DIVISION JERRY WAYNE FOSTER vs. PLAINTIFF Civil No. 4:10-cv-04010 MICHAEL J. ASTRUE Commissioner, Social Security Administration DEFENDANT ORDER Before the Court is the Report and Recommendation filed on June 6, 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. Defendant has not filed objections 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 $3,454.34. This award represents 17.50 hours at the hourly rate of $173.96 and 2.20 hours at the hourly rate of $176.00 in addition to $22.84 in costs and 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 28th day of June, 2011. /s/ Harry F. Barnes Hon. Harry F. Barnes United States District Judge

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