Johnson v. Social Security Administration Commissioner

Filing 17

ORDER granting 13 Motion for Attorney Fees; adopting 16 Report and Recommendations. Plaintiff is entitled to compensation under the EAJA in the amount of $4,482.00. Signed by Honorable Susan O. Hickey on February 27, 2014. (mll)

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IN THE UNITED STATES DISTRICT COURT WESTERN DISTRICT OF ARKANSAS TEXARKANA DIVISION CHARLES LEWIS JOHNSON vs. PLAINTIFF Civil No. 4:12-cv-4147 CAROLYN COLVIN Commissioner, Social Security Administration DEFENDANT ORDER 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. 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 Plaintiff is entitled to compensation under the EAJA in the amount of $4,482.00. This award represents 24.90 attorney hours at an hourly rate of $180.00. 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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