Fowler v. Social Security Administration Commissioner

Filing 15

ORDER ADOPTING 14 REPORT AND RECOMMENDATIONS and JUDGMENT on Attorney Fees in favor of Lynda Denise Fowler against Social Security Administration Commissioner in the amount of $2,560.44 with court costs in the amount of $27.34. This amoun t should be paid in addition to, and not out of, any past due benefits which plaintiff may be awarded in the future. Further, any EAJA award by this Court should be made payable to plaintiff and not counsel. Signed by Honorable Jimm Larry Hendren on April 12, 2012. (tg)

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IN THE UNITED STATES DISTRICT COURT WESTERN DISTRICT OF ARKANSAS FAYETTEVILLE DIVISION LYNDA DENISE FOWLER v. PLAINTIFF Civil No. 10-5179 MICHAEL J. ASTRUE, Commissioner of Social Security DEFENDANT O R D E R Now on this 12th day of April, 2012, comes on for consideration the Magistrate Judge's Report and Recommendation (Document #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 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: 13.02 attorney hours at a rate of $173.00 per hour for work performed in 2010; and 1.77 attorney hours at an hourly rate of $174.00 per hour for work performed in 2011; for a total attorney's fee award of $2,560.44, plus $27.34 in costs, for a total award of $2,587,78. This amount should be 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

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