Humphreys v. Social Security Administration Commissioner

Filing 17

ORDER granting 13 Motion for Attorney Fees, in the amount of $4,950.00. This amount should be paid in addition to, and not out of, any past due benefits which plaintiff may be awarded in the future, and adopting 16 Report and Recommendation s. Parties are reminded that the award herein under 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. Signed by Honorable Robert T. Dawson on July 14, 2014. (sh)

IN THE UNITED STATES DISTRICT COURT
WESTERN DISTRICT OF ARKANSAS
HOT SPRINGS DIVISION
DEBBIE L. HUMPHREYS

vs.

PLAINTIFF

Civil No. 6:12-cv-06103

CAROLYN COLVIN
Commissioner, Social Security Administration

DEFENDANT

ORDER
Before the Court is the Report and Recommendation filed on June 23, 2014 by the Honorable
Barry A. Bryant, United States Magistrate Judge for the Western District of Arkansas. ECF No. 16.
Judge Bryant recommends that Plaintiff’s Application for Attorney Fees Under the Equal Access to
Justice Act (“EAJA”) (ECF No. 13) 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 Plaintiff is entitled to compensation under the EAJA in the
amount of $4,950.00. This award represents 27.50 attorney hours at an hourly rate of $180.00. 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 14th day of July 2014.
/s/ Robert T. Dawson
HON. ROBERT T. DAWSON
UNITED STATES DISTRICT JUDGE