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Golston ex rel. R.D.G. v. Colvin, 4:15-cv-04009. (2016)

Court: District Court, W.D. Arkansas Number: infdco20160427a71 Visitors: 8
Filed: Apr. 26, 2016
Latest Update: Apr. 26, 2016
Summary: ORDER SUSAN O. HICKEY , District Judge . Before the Court is the Report and Recommendation filed April 5, 2016 by the Honorable Barry A. Bryant, United States Magistrate Judge for the Western District of Arkansas. ECF No. 14. 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). Ac
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ORDER

Before the Court is the Report and Recommendation filed April 5, 2016 by the Honorable Barry A. Bryant, United States Magistrate Judge for the Western District of Arkansas. ECF No. 14. 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, the Report and Recommendation is adopted in toto. Plaintiff is entitled to compensation under the EAJA in the amount of $4,312.20. This award represents 21.20 attorney hours at an hourly rate of $187.00 for work performed in 2015 and 1.85 attorney hours at an hourly rate of $188.00 for work performed in 2015. 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.

Source:  Leagle

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