Martin v. Social Security Administration Commissioner

Filing 18

ORDER ADOPTING REPORT AND RECOMMENDATIONS 17 ; granting 15 Motion for Attorney Fees in the amount of $3,102.60 (EAJA Attorney Fees). Signed by Honorable Susan O. Hickey on April 2, 2014. (cnn)

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IN THE UNITED STATES DISTRICT COURT WESTERN DISTRICT OF ARKANSAS TEXARKANA DIVISION TINA MARTIN vs. PLAINTIFF Civil No. 4:12-cv-04153 CAROLYN COLVIN Commissioner, Social Security Administration DEFENDANT ORDER Before the Court is the Report and Recommendation filed on March 12, 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 $3,102.60. This award represents 2.80 attorney hours in 2012 at an hourly rate of $180.00 and 14.20 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 2nd day of April, 2014. /s/ Susan O. Hickey Susan O. Hickey United States District Judge

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