Sorrells v. Social Security Administration Commissioner

Filing 20

ORDER ADOPTING REPORT AND RECOMMENDATIONS for 19 Report and Recommendations, granting 16 Motion for Attorney Fees filed by James Sorrells. Plaintiff awarded attorney fees in the amount of $5,985.75 under EAJA. Signed by Honorable Harry F. Barnes on November 30, 2010. (cap)

Sorrells v. Social Security Administration Commissioner

Doc. 20

IN THE UNITED STATES DISTRICT COURT WESTERN DISTRICT OF ARKANSAS TEXARKANA DIVISION JAMES SORRELLS vs. Civil No. 4:10-cv-04016 DEFENDANT PLAINTIFF

MICHAEL J. ASTRUE Commissioner, Social Security Administration ORDER

Before the Court is the Report and Recommendation filed on November 10, 2010 by the Honorable Barry A. Bryant, United States Magistrate Judge for the Western District of Arkansas. ECF No. 19. Judge Bryant recommends that Plaintiff's Application for Attorney Fees Under the Equal Access to Justice Act ("EAJA") be GRANTED. The Parties have 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 Plaintiff is entitled to compensation under the EAJA in the amount of $5,985.75, representing 34.50 hours of attorney work at an hourly rate of $173.50. 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 30th day of November, 2010. /s/ Harry F. Barnes HON. HARRY F. BARNES UNITED STATES DISTRICT JUDGE

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