Golston v. Social Security Administration Commissioner

Filing 15

JUDGMENT adopting Report and Recommendations re 14 ; granting 11 Motion for Attorney Fees in the amount of $4,312.20 pursuant to the EAJA. This amount should be paid in addition to, and not out of, any past due benefits which plaintiff may be awarded in the future. Further, any EAJA award by this Court should be made payable to plaintiff and not counsel. Signed by Honorable Susan O. Hickey on April 26, 2016. (mll)

IN THE UNITED STATES DISTRICT COURT
WESTERN DISTRICT OF ARKANSAS
TEXARKANA DIVISION
DEMETRIUS S.GOLSTON
on behalf of
R.D.G., A MINOR
vs.

PLAINTIFF

Civil No. 4:15-cv-04009

CAROLYN COLVIN
Commissioner, Social Security Administration

DEFENDANT

ORDER
Before the Court is the Report and Recommendation filed April 5, 2016 by the Honorable Barry
A. Bryant, United States Magistrate Judge for the Western District of Arkansas. ECF No. 14. 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, the Report and Recommendation is adopted in toto. Plaintiff is entitled to
compensation under the EAJA in the amount of $4,312.20. This award represents 21.20 attorney hours
at an hourly rate of $187.00 for work performed in 2015 and 1.85 attorney hours at an hourly rate of
$188.00 for work performed in 2015. 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 26th day of April, 2016.
/s/ Susan O. Hickey
Susan O. Hickey
United States District Judge