Briggs v. Social Security Administration Commissioner
ORDER adopting 17 Report and Recommendations; granting 15 Motion for Attorney Fees in favor of Cynthia Helton Briggs against Social Security Administration Commissioner under the EAJA in the amount of 3,541.50. 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 Susan O. Hickey on February 27, 2014. (mll)
IN THE UNITED STATES DISTRICT COURT
WESTERN DISTRICT OF ARKANSAS
CYNTHIA HELTON BRIGGS
Civil No. 4:12-cv-04125
Commissioner, Social Security Administration
Before the Court is the Report and Recommendation filed on February 6, 2014 by the
Honorable Barry A. Bryant, United States Magistrate Judge for the Western District of Arkansas.
ECF No. 17. 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 Plaintiff is entitled to compensation under the EAJA in the
amount of $3,541.50. This award represents 2.90 attorney hours in 2012 at an hourly rate of $180.00
and 16.50 attorney hours in 2013 and 2014 at an hourly rate of $183.00. 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 27th day of February, 2014.
/s/ Susan O. Hickey
Susan O. Hickey
United States District Judge
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