Franklin v. Social Security Administration Commissioner
ORDER adopting 11 REPORT AND RECOMMENDATIONS; granting 9 MOTION for Attorney Fees Pursuant to the EAJA filed by Gary E. Franklin in the amount of $1247.40. Signed by Honorable Jimm Larry Hendren on January 22, 2009. (cnn)
IN THE UNITED STATES DISTRICT COURT WESTERN DISTRICT OF ARKANSAS FAYETTEVILLE DIVISION
GARY E. FRANKLIN
CIVIL NO. 07-5160
MICHAEL J. ASTRUE, Commissioner Social Security Administration ORDER
On this 22nd day of January, 2009, the court has before it for consideration plaintiff's request for attorney's fees and costs pursuant to the Equal Access to Justice Act, 28 U.S.C. § 2412. For reasons set forth in the report and recommendation filed by the Honorable James R. Marschewski, United States Magistrate Judge for the Western District of Arkansas, on December 4, 2008, the court finds that the Magistrate's recommendations should be adopted in toto and hereby awards plaintiff's attorney fees in the amount of $1,247.40 representing 7.56 hours of work at a rate of $165.00 per hour. Further, this award should be paid directly to plaintiff's counsel. Ratliff v. Astrue, 540 F.3d 800, 802 (8th Cir. 2008). This amount shall be paid in addition to, and not out of, any past-due benefits plaintiff may be awarded in the future. IT IS SO ORDERED.
/s/J imm Larry Hendren HON. JIMM LARRY HENDREN UNITED STATES DISTRICT JUDGE
AO72A (Rev. 8/82)
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