Tabler v. Social Security Administration Commissioner
MEMORANDUM OPINION AND ORDER granting 15 Motion for Attorney Fees. Plaintiff is awarded Attorney Fees in the amount of $4,536.00 pursuant to the EAJA, 28 U.S.C. § 2412. Signed by Honorable Mark E. Ford on March 28, 2017. (hnc)
IN THE UNITED STATES DISTRICT COURT
WESTERN DISTRICT OF ARKANSAS
FORT SMITH DIVISION
JENNIFER TABLER, formerly
CIVIL NO. 2:16-cv-2159-MEF
NANCY A. BERRYHILL, Acting
Commissioner, Social Security Administration1
MEMORANDUM OPINION AND ORDER
Pending now before this Court is Plaintiff’s Motion for Attorney Fees Under the Equal
Access to Justice Act (“EAJA”). ECF Nos. 15, 16, 17. The parties have consented to the
jurisdiction of a Magistrate Judge to conduct any and all proceedings in this case, and pursuant to
said authority, the Court issues this Order. ECF No. 5.
On February 16, 2017, Plaintiff filed a motion for attorney’s fees and costs under 28 U.S.C.
§ 2412, the Equal Access to Justice Act (hereinafter “EAJA”), requesting $4,536.00 representing
a total of 25.20 attorney hours for work performed in 2015 and 2016 at an hourly rate of $180.00.
ECF No. 15. On February 16, 2017, the Defendant filed a response voicing no objections to
Plaintiff’s request for fees. ECF No. 18.
It is the opinion of the undersigned that the Plaintiff is entitled to a fee award in this case,
as she is the prevailing party, the government’s decision to deny benefits was not “substantially
justified”, the hourly rate requested for both attorney and paralegal hours does not exceed the CPI
for either year in question, and the time asserted to have been spent in the representation of the
Plaintiff before the district court is reasonable. See Jackson v. Bowen, 807 F.2d 127, 128 (8th Cir.
Nancy A. Berryhill is now the Acting Commissioner of Social Security. Pursuant to Rule 25(d) of the Federal
Rules of Civil Procedure, Nancy A. Berryhill should be substituted for Acting Commissioner Carolyn W. Colvin as
the defendant in this suit. No further action needs to be taken to continue this suit by reason of the last sentence of
section 205(g) of the Social Security Act, 42 U.S.C. § 405(g).
1986) (burden is on the Commissioner to show substantial justification for the government’s denial
of benefits); Johnson v. Sullivan, 919 F.2d 503 (8th Cir. 1990) (the hourly rate may be increased
when there is “uncontested proof of an increase in the cost of living sufficient to justify hourly
attorney’s fees of more than $75.00 an hour); and Allen v. Heckler, 588 F.Supp. 1247 (W.D.N.Y.
1984) (in determining reasonableness, court looks at time and labor required; the difficulty of
questions involved; the skill required to handle the problems presented; the attorney’s experience,
ability, and reputation; the benefits resulting to the client from the services; the customary fee for
similar services; the contingency or certainty of compensation; the results obtained; and, the
amount involved). Accordingly, Plaintiff is entitled to an attorney’s fee award under EAJA in the
amount of $4,536.00.
Pursuant to Astrue v. Ratliff, 130 S.Ct. 2521, 2528 (2010), the EAJA fee award should be
made payable to Plaintiff. However, as a matter of practice, an EAJA fee made payable to Plaintiff
may properly be mailed to Plaintiff’s counsel.
The parties are reminded that, in order to prevent double recovery by counsel for the
Plaintiff, 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.
Based upon the foregoing, Plaintiff is awarded the sum of $4,536.00 for attorney’s fees
pursuant to the EAJA, 28 U.S.C. § 2412.
Dated this 28th day of March, 2017.
/s/ Mark E. Ford
HONORABLE MARK E. FORD
UNITED STATES MAGISTRATE JUDGE
Disclaimer: Justia Dockets & Filings provides public litigation records from the federal appellate and district courts. These filings and docket sheets should not be considered findings of fact or liability, nor do they necessarily reflect the view of Justia.
Why Is My Information Online?