Harrison v. Social Security Administration Commissioner
ORDER ADOPTING REPORT AND RECOMMENDATIONS re 19 Report and Recommendations; granting 17 Motion for Attorney Fees under EAJA in the amount of $7,867.80. 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 June 16, 2014. (mll)
IN THE UNITED STATES DISTRICT COURT
WESTERN DISTRICT OF ARKANSAS
KIMBERLY S. HARRISON
Civil No. 4:13-cv-04060
Commissioner, Social Security Administration
Before the Court is the Report and Recommendation filed on May 20, 2014, by the
Honorable Barry A. Bryant, United States Magistrate Judge for the Western District of Arkansas.
ECF No. 19. 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 $7,867.80. This award represents 31.0 attorney hours at an hourly rate of $183.00 for
work performed in 2013 and 11.80 attorney hours at an hourly rate of $186.00 for work performed
in 2014. 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 16th day of June, 2014.
/s/ Susan O. Hickey
Susan O. Hickey
United States District Judge
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