Pratt v. Social Security Administration Commissioner
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)
IN THE UNITED STATES DISTRICT COURT
WESTERN DISTRICT OF ARKANSAS
HOT SPRINGS DIVISION
ROY W. PRATT
Civil No. 6:11-cv-06086
CAROLYN W. COLVIN
Commissioner, Social Security Administration
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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