Fleming v. Social Security Administration Commissioner

Filing 19

ORDER adopting 18 Report and Recommendations and awarding Attorney Fees in favor of Andrea Fleming against Social Security Administration Commissioner in the amount of $2,643.60. This amount should be paid in addition to, and not out of, any past due benefits which plaintiff may be awarded in the future. Signed by Honorable Jimm Larry Hendren on September 18, 2012. (adw)

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IN THE UNITED STATES DISTRICT COURT WESTERN DISTRICT OF ARKANSAS FAYETTEVILLE DIVISION ANDREA FLEMING v. PLAINTIFF CIVIL NO. 10-5253 MICHAEL J. ASTRUE, Commissioner Social Security Administration DEFENDANT ORDER On this 18th day of September, 2012, 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. ยง 2412. For reasons set forth in the report and recommendation filed by the Honorable Erin L. Setser, United States Magistrate Judge for the Western District of Arkansas, on August 16, 2012, the Court finds that the Magistrate's recommendations should be adopted in toto and hereby awards Plaintiff's attorney fees in the amount of $2,643.60, representing 2.20 attorney hours at hourly rates of $173.00 for work performed in 2010; 10.10 attorney hours at hourly rates of $174.00 for work performed in 2011; 1.90 attorney hours at hourly rates of $174.00 for work performed in 2012, and $50.00 for 3.50 (5.10-1.60) paralegal hours. 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/ Jimm Larry Hendren_______ HON. JIMM LARRY HENDREN UNITED STATES DISTRICT JUDGE AO72A (Rev. 8/82)

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