Reddick v. Social Security Administration

Filing 21

ORDER granting 18 Plaintiff's Motion for Attorney Fees & Costs. The Commissioner is directed to certify & pay Plaintiff's attorney an award of fees in the amount of $2,998.40 & expenses of $16.14, for a total award of $3,014.54, pursuant to the EAJA. Signed by Magistrate Judge Henry L. Jones, Jr on 12/4/08. (jct)

IN THE UNITED STATES DISTRICT COURT EASTERN DISTRICT OF ARKANSAS JONESBORO DIVISION BEATRICE REDDICK vs. Civil Case No. 3:07CV00077 HLJ PLAINTIFF

MICHAEL J. ASTRUE, Commissioner, Social Security Administration ORDER

DEFENDANT

Plaintiff has filed a Motion for an Award of Attorney's Fees and Other Expenses under the Provisions of the Equal Access to Justice Act (EAJA), 28 U.S.C. § 2412(d)(DE # 18). She seeks

compensation for 15.20 hours of work performed by her attorney before the District Court in 2007 at the rate of $167.00 per hour, .55 hour of work performed by her attorney in 2008 at the rate of $175.00 per hour and 4.85 hours of work by a paralegal at the rate of $75.00 per hour. She also seeks reimbursement for expenses in The Commissioner does not object to the

the amount of $16.14.

number of hours, the hourly rates submitted by Plaintiff or the requested expenses (DE #20). The maximum statutory rate of compensation for work performed by an attorney set forth in EAJA, § 2412(d)(2)(A)(ii), is $125.00. The increased rates requested by Plaintiff reflect an agreement between Plaintiff's counsel and the Office of the General Counsel of the Social Security Administration (Plaintiff's Exhibit A) to

calculate

attorneys'

fees

on

an

annualized

basis,

using

the

Consumer Price Index for All Urban Consumers (CPI-U). Normally the court awards $65.00 per hour for work performed by a paralegal. Plaintiff argues the hourly fee for a paralegal

should be $75.00 per hour based on the prevailing market rate, and has submitted supporting affidavits. The Secretary does not object to this request and the court presumes this increase is also part of the agreement between Plaintiff's counsel and the Office of the General Counsel. Accordingly, the court approves an award of fees

in the amount of $2998.40 and expenses in the amount of $16.14. IT IS THEREFORE ORDERED that Plaintiff is awarded attorney's fees and expenses in the amount of $3014.54, pursuant to EAJA. The Commissioner is directed to certify said award and pay Plaintiff's attorney this amount. SO ORDERED this 4th day of December, 2008.

United States Magistrate Judge