Wakefield v. Social Security Administration Commissioner
Filing
19
ORDER ADOPTING REPORT AND RECOMMENDATIONS re 18 ; granting 16 Motion for Attorney Fees in the amount of $6268.20 (EAJA Attorney Fees) 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 September 22, 2015. (cnn)
IN THE UNITED STATES DISTRICT COURT
WESTERN DISTRICT OF ARKANSAS
TEXARKANA DIVISION
DUSTIN WAKEFIELD
vs.
PLAINTIFF
Civil No. 4:14-cv-04123
CAROLYN COLVIN
Commissioner, Social Security Administration
DEFENDANT
ORDER
Before the Court is the Report and Recommendation filed on August 27, 2015 by the
Honorable Barry A. Bryant, United States Magistrate Judge for the Western District of Arkansas.
ECF No. 18. 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 $6,268.20. This award represents 33.70 attorney hours at an hourly rate of $186.00. 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 22nd day of September, 2015.
/s/ Susan O. Hickey
Susan O. Hickey
United States District Judge
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