Fowler v. Social Security Administration Commissioner
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)
IN THE UNITED STATES DISTRICT COURT
WESTERN DISTRICT OF ARKANSAS
LYNDA DENISE FOWLER
Civil No. 10-5179
MICHAEL J. ASTRUE,
Commissioner of Social Security
O R D E R
consideration the Magistrate Judge's Report and Recommendation
(Document #14) to which no objections have been made.
having carefully reviewed said Report and Recommendation, finds
that it is sound in all respects, and that it should be adopted in
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.
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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