Evans v. Social Security Administration Commissioner

Filing 24

ORDER Adopting in Its Entirety 23 Report and Recommendations; GRANTING 19 Motion for Attorney Fees in the amount of $6,259.75. This amount 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 Timothy L. Brooks on August 29, 2024. (lgd)

IN THE UNITED STATES DISTRICT COURT
WESTERN DISTRICT OF ARKANSAS
FAYETTEVILLE DIVISION
MICHAEL JASON EVANS
V.

PLAINTIFF
CASE NO. 5:24-CV-5042

MARTIN J. O’MALLEY, Commissioner,
Social Security Administration

DEFENDANT

ORDER
Currently before the Court is the Report and Recommendation (Doc. 23) of United
States Magistrate Judge Christy Comstock dated August 14, 2024, regarding the Motion
for Attorney’s Fees (Doc. 19) filed by Plaintiff’s counsel. More than fourteen (14) days
have passed since the parties’ receipt of the Report and Recommendation, and no
objections were filed.
IT IS ORDERED that the Report and Recommendation is ADOPTED IN ITS
ENTIRETY. The Plaintiff’s Motion (Doc. 19) is GRANTED, and the Court hereby orders
that Plaintiff is entitled to compensation under the EAJA for 25.55 hours of attorney time
at an hourly rate of $245.00, for a total award of $6,259.75. 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 on this 29th day of August, 2024.

/s/ Timothy L. Brooks
TIMOTHY L. BROOKS
UNITED STATES DISTRICT JUDGE