Pratt v. Social Security Administration Commissioner

Filing 24

ORDER granting 20 Motion for Attorney Fees, in favor of Roy W. Pratt against Social Security Administration Commissioner in the amount of $3,183.83. 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 Robert T. Dawson on April 9, 2013. (src)

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IN THE UNITED STATES DISTRICT COURT WESTERN DISTRICT OF ARKANSAS HOT SPRINGS DIVISION ROY W. PRATT vs. PLAINTIFF Civil No. 6:11-cv-06086 CAROLYN W. COLVIN Commissioner, Social Security Administration DEFENDANT ORDER Before the Court is the Report and Recommendation filed on March 19, 2013 by the Honorable Barry A. Bryant, United States Magistrate Judge for the Western District of Arkansas. ECF No. 23. Judge Bryant recommends that Plaintiff’s Application for Attorney Fees Under the Equal Access to Justice Act (“EAJA”) be GRANTED. Defendant has not filed objections to the Report and Recommendation, and the time to object has passed. See 28 U.S.C. § 636(b)(1). Accordingly, this Court finds that counsel is entitled to compensation under the EAJA in the amount of $3,183.83. This amount represents 4.40 hours of attorney work during 2011 at an hourly rate of $174.00, 13.70 hours of attorney work from 2012 and 2013 at an hourly rate of $174.79, and $23.16 in costs. 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 Plaintiff. IT IS SO ORDERED, this 9th day of April 2013. /s/ Robert T. Dawson HON. ROBERT T. DAWSON UNITED STATES DISTRICT JUDGE

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