O'NEAL v. ASTRUE

Filing 35

ORDER approved 34 Report and Recommendation. Pla's application for attys fees 31 is granted. Signed by JUDGE RICHARD SMOAK on 6/22/2010. (sea)

IN THE UNITED STATES DISTRICT COURT NORTHERN DISTRICT OF FLORIDA PANAMA CITY DIVISION

MICHAEL DAVID O'NEAL, Plaintiff, vs. MICHAEL J. ASTRUE, Commissioner of Social Security Administration, Defendant. __________________________________/ ORDER Before me are the Magistrate Judge's Report and Recommendation (Doc. 34); Plaintiff's Application For Attorney Fees Under The Equal Access To Justice Act (Doc. 31); and Defendant's Response to Plaintiff's Application For Attorney Fees (Doc. 33). IT IS ORDERED: 1. The Magistrate Judge's Report and Recommendation is approved and incorporated in this Order. 2. 3. Plaintiff's Application For Attorney Fees (Doc. 31) is granted. Plaintiff is entitled to recover fees in the amount of $1,812.50 for time expended by his counsel in representing him before the United States District Court for the Northern District of Florida pursuant to 28 U.S.C. §2412 ("EAJA"). The amount of attorney fees and hourly rate requested under the EAJA are reasonable. CASE NO. 5:08cv332/RS-EMT

4.

The Commissioner is directed to pay Plaintiff that amount and the award should be mailed to the office of Plaintiff's attorney, Quinn E. Brock.

ORDERED on June 22, 2010.

/S/ Richard Smoak RICHARD SMOAK UNITED STATES DISTRICT JUDGE