Hatos v. Social Security Administration Commissioner
Filing
21
ORDER adopting Report and Recommendations re 20 ; granting 18 Motion for Attorney Fees in the amount of $6,110.20 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. Signed by Honorable Susan O. Hickey on July 12, 2016. (mll)
IN THE UNITED STATES DISTRICT COURT
WESTERN DISTRICT OF ARKANSAS
TEXARKANA DIVISION
ELIZABETH L. HATOS
vs.
PLAINTIFF
Civil No. 4:15-cv-04071
CAROLYN COLVIN
Commissioner, Social Security Administration
DEFENDANT
ORDER
Before the Court is the Report and Recommendation filed on June 20, 2016 by the Honorable
Barry A. Bryant, United States Magistrate Judge for the Western District of Arkansas. ECF No. 20.
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). Thus, the Court
adopts the Report and Recommendation.
Accordingly, the Court finds that Plaintiff is entitled to compensation under the EAJA in the
amount of $6,110.20. This award represents 30.70 attorney hours at an hourly rate of $186.00 for
work performed and $400.00 in costs. 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 12th day of July, 2016.
/s/ Susan O. Hickey
Susan O. Hickey
United States District Judge
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