Benton v. Social Security Commissioner

Filing 14

ORDER on Attorney Fees in favor of Deborah K Benton against Social Security Adminsitration Commissioner; ORDER ADOPTING 13 REPORT AND RECOMMENDATIONS for 11 Motion for Attorney Fees filed by Deborah K Benton. Signed by Honorable Jimm Larry Hendren on July 20, 2010. (src)

Benton v. Social Security Commissioner

Doc. 14

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

DEBORAH K. BENTON v. Civil No. 08-5254

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 #13) 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 Motion for Attorney Fees Under the Equal Access to Justice Act (document #11) should be, and it hereby is, granted. IT IS FURTHER ORDERED that Plaintiff's counsel should be awarded compensation under the EAJA for: 14.9 hours (18.08 hours minus 3.9 hours) at a rate of $125.00 per hour, for a total attorney's fee award of $1,862.50, plus the filing fee of $350.00 as expenses, for a total award of $2,212.50. This amount should be

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paid in addition to, and not out 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