Pray v. Social Security Administration Commissioner
ORDER ADOPTING 14 REPORT AND RECOMMENDATIONS ; granting 11 Motion for Attorney Fees and Order on Attorney Fees in favor of Laura A. Pray against Social Security Administration Commissioner in the amount of $3,089.69 with court costs in the amount of $28.89. Signed by Honorable Jimm Larry Hendren on January 3, 2012. (tg)
IN THE UNITED STATES DISTRICT COURT
WESTERN DISTRICT OF ARKANSAS
LAURA A. PRAY
Civil No. 10-5068
MICHAEL J. ASTRUE,
Commissioner of Social Security
O R D E R
consideration the Magistrate Judge's Report and Recommendation
(Doc. 14) 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 Expenses Under the
Equal Access to Justice Act (Doc. 11) should be, and it hereby is,
compensation under the EAJA for 18.97 hours -- at a rate of $152.00
per hour, and 2.75 paralegal hours at a rate of $75.00 per hour,
for a total attorney’s fee award of $3,089.69, plus $28.89 in
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 the Plaintiff.
IT IS SO ORDERED.
/s/Jimm Larry Hendren
HON. JIMM LARRY HENDREN
UNITED STATES DISTRICT JUDGE
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