Uncel v. Social Security Administration Commissioner

Filing 19

ORDER ADOPTING REPORT AND RECOMMENDATIONS re 18 Report and Recommendations; granting 15 Motion for Attorney Fees and awarding Plaintiff attorney fees in the amount of $5,453.50. This amount should be paid in addition to, and not out of, any past due benefits which plaintiff may be awarded in the future. Signed by Honorable P. K. Holmes, III on October 20, 2011. (cap)

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

LINDA GAIL UNCEL
vs.

PLAINTIFF
Civil No. 4:10-cv-04089

MICHAEL J. ASTRUE
Commissioner, Social Security Administration

DEFENDANT

ORDER
Currently before the Court is the Report and Recommendation (Doc. 18) filed on August 22,
2011 by the Honorable Barry A. Bryant, United States Magistrate Judge for the Western District of
Arkansas. Judge Bryant recommends that Plaintiff’s Application for Attorney Fees Under the Equal
Access to Justice Act (“EAJA”), 28 U.S.C. § 2412, 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).
The Court finds that the Report and Recommendation is proper and should be and hereby is
ADOPTED IN ITS ENTIRETY. Accordingly, for the reasons stated in the Magistrate Judge’s
Report and Recommendation, Plaintiff is entitled to compensation under the EAJA in the amount
of $5,453.50. This award represents 29.5 attorney hours at an hourly rate of $173.00 and costs of
$350.00. 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 Plaintiff.

IT IS SO ORDERED, this 20th day of October, 2011.

/s/P. K. Holmes, III
P.K. HOLMES, III
UNITED STATES DISTRICT JUDGE