Cunningham v. Social Security Administration Commissioner

Filing 24

JUDGMENT on Attorney Fees in favor of Calvin L. Cunningham against Social Security Administration Commissioner in the amount of $4,837.58, and ORDER ADOPTING REPORT AND RECOMMENDATIONS. Signed by Honorable Jimm Larry Hendren on July 20, 2010. (jas)

Cunningham v. Social Security Administration Commissioner

Doc. 24

IN THE UNITED STATES DISTRICT COURT WESTERN DISTRICT OF ARKANSAS FAYETTEVILLE DIVISION

CALVIN L. CUNNINGHAM v. Civil No. 06-5088

PLAINTIFF

MICHAEL J. ASTRUE, Commissioner of Social Security

DEFENDANT

ORDER Now on this 20th day of July, 2010, comes on for consideration the Magistrate Judge's Report and Recommendation (document #23) to which no objections have been made. The Court, having carefully

reviewed said Report and Recommendation, finds that it is sound in all respects, and that it should be adopted in toto. IT IS THEREFORE ORDERED that the Magistrate Judge's Report and Recommendation is adopted in toto. IT IS FURTHER ORDERED that, for the reasons stated in the Magistrate Judge's Report and Recommendation, the Court finds that Plaintiff's Request for EAJA Attorney Fees and Costs Under the Equal Access to Justice Act (document #20) should be, and it hereby is granted. IT IS FURTHER ORDERED that Plaintiff's counsel should be awarded compensation under the EAJA for: 31.64 hours at a rate of $152.00 per hour, plus costs of $28.30, for a total award of $4,837.58. This amount should be paid in addition to, and not out

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of, any past due benefits which Plaintiff may be awarded in the future. IT IS SO ORDERED.

/s/Jimm Larry Hendren HON. JIMM LARRY HENDREN UNITED STATES DISTRICT JUDGE