Cook v. Social Security Administration Commissioner

Filing 17

ORDER adopting Report and Recommendations re 16 Report and Recommendations, granting 13 Motion for Attorney Fees and Plaintiff is awarded attorney fees under EAJA in the amount of $6,007.10. 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 December 20, 2011. (cap)

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IN THE UNITED STATES DISTRICT COURT WESTERN DISTRICT OF ARKANSAS TEXARKANA DIVISION SUSAN Y. COOK V. PLAINTIFF Case No. 4:10-cv-04146 MICHAEL J. ASTRUE Commissioner, Social Security Administration DEFENDANT ORDER Before the Court is the Report and Recommendation filed on November 8, 2011 by the Honorable Barry A. Bryant, United States Magistrate Judge for the Western District of Arkansas. (Doc. 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). The Court, being well and sufficiently advised in this matter, finds that the Report and Recommendation is proper and should be adopted in its entirety. Accordingly, this Court finds Plaintiff is entitled to compensation under the EAJA in the amount of $6,007.10. This award represents 32.7 hours of attorney work at an hourly rate of $173.00 in addition to $350.00 in costs. 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 December, 2011. s/P. K. Holmes, III P.K. HOLMES, III UNITED STATES DISTRICT JUDGE

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