Reding v. Social Security Administration Commissioner
Filing
15
ORDER granting 12 Motion for attorney's fees under EAJA in the amount of $1562.10. Signed by Honorable Barry A. Bryant on February 21, 2012. (rw)
IN THE UNITED STATES DISTRICT COURT
WESTERN DISTRICT OF ARKANSAS
HARRISON DIVISION
SUSAN M. REDING
vs.
PLAINTIFF
Civil No. 3:10-cv-03096
MICHAEL J. ASTRUE
Commissioner, Social Security Administration
DEFENDANT
ORDER
Pending now before this Court is Plaintiff’s Application for Attorney’s Fees Under the Equal
Access to Justice Act (“EAJA”). ECF No. 12. Defendant has responded to this Motion and objects
to Plaintiff’s request for copying charges. ECF No. 14. The Parties have consented to the jurisdiction
of a magistrate judge to conduct any and all proceedings in this case, including conducting the trial,
ordering the entry of a final judgment, and conducting all post-judgment proceedings. ECF No. 6.
Pursuant to this authority, the Court issues this Order.
1.
Background:
Susan M. Reding (“Plaintiff”) appealed to this Court from the Secretary of the Social Security
Administration’s (“SSA”) denial of her request for disability benefits. ECF No. 1. On January 24,
2012, Plaintiff’s case was reversed and remanded pursuant to sentence four of 42 U.S.C. § 405(g).
ECF Nos. 10-11.
On January 24, 2012, Plaintiff filed the present Motion requesting an award of attorney’s fees
under the EAJA. ECF No. 12. With this Motion, Plaintiff requests an award of $1,540.25 in attorney
and paralegal fees ($155.00 per hour for 6.55 attorney hours and $75.00 per hour for 7.00 paralegal
hours) in addition to $51.85 in costs for a total award of $1,592.10. Id. Defendant responded to this
Motion on February 7, 2012 and objects to Plaintiff’s request for $30.00 in copying charges. ECF No.
14.
2.
Applicable Law:
Pursuant to the EAJA, 28 U.S.C. § 2412(d)(1)(A), a court must award attorney's fees to a
prevailing social security claimant unless the Secretary’s position in denying benefits was substantially
justified. The Secretary has the burden of proving that the denial of benefits was substantially
justified. See Jackson v. Bowen, 807 F.2d 127, 128 (8th Cir.1986) (“The Secretary bears the burden
of proving that its position in the administrative and judicial proceedings below was substantially
justified”). An EAJA application also must be made within thirty days of a final judgment in an
action, See 28 U.S.C. § 2412(d)(1)(B), or within thirty days after the sixty day time for appeal has
expired. See Shalala v. Schaefer, 509 U.S. 292, 298 (1993).
An award of attorney’s fees under the EAJA is appropriate even though, at the conclusion of
the case, the plaintiff’s attorney may be authorized to charge and to collect a fee pursuant to 42 U.S.C.
§ 406(b)(1). Recovery of attorney’s fees under both the EAJA and 42 U.S.C. § 406(b)(1) was
specifically allowed when Congress amended the EAJA in 1985. See Gisbrecht v. Barnhart, 535 U.S.
789, 796 (2002) (citing Pub. L. No. 99-80, 99 Stat. 186 (1985)). The United States Supreme Court
stated that Congress harmonized an award of attorney’s fees under the EAJA and under 42 U.S.C. §
406(b)(1) as follows:
Fee awards may be made under both prescriptions [EAJA and 42 U.S.C. § 406(b)(1)],
but the claimant’s attorney must “refun[d] to the claimant the amount of the smaller
fee.”. . .“Thus, an EAJA award offsets an award under Section 406(b), so that the
[amount of total past-due benefits the claimant actually receives] will be increased by
the . . . EAJA award up to the point the claimant receives 100 percent of the past-due
benefits.”
Id. Furthermore, awarding fees under both acts facilitates the purposes of the EAJA, which is to shift
2
to the United States the prevailing party’s litigation expenses incurred while contesting unreasonable
government action. See id.; Cornella v. Schweiker, 728 F.2d 978, 986 (8th Cir. 1984).
The statutory ceiling for an EAJA fee award is $125.00 per hour. See 28 U.S.C. §
2412(d)(2)(A). A court is only authorized to exceed this statutory rate if “the court determines that
an increase in the cost of living or a special factor, such as the limited availability of qualified attorneys
for the proceedings involved, justifies a higher fee.” Id. A court may determine that there has been an
increase in the cost of living, and may thereby increase the attorney’s rate per hour, based upon the
United States Department of Labor’s Consumer Price Index (“CPI”). See Johnson v. Sullivan, 919
F.2d 503, 504 (8th Cir. 1990). See also General Order 39 (“Attorney’s Fees Under the Equal Access
to Justice Act”).
3.
Discussion:
In the present action, Plaintiff’s case was remanded to the SSA. ECF Nos. 10-11. Defendant
does not contest Plaintiff’s claim that she is the prevailing party and does not oppose her application
for fees under the EAJA. ECF No. 14. The Court construes this lack of opposition to this application
as an admission that the government’s decision to deny benefits was not “substantially justified” and
that Plaintiff is the prevailing party.
Plaintiff requests a total award of $1,592.10 under the EAJA. ECF No. 12. Plaintiff requests
these fees at an hourly rate of $155.00 for attorney work performed in 2010 and 2011. Id. This hourly
rate of $155.00 per attorney hour is authorized by the EAJA as long as the CPI-South index justifies
the enhanced rate. See General Order 39. See also 28 U.S.C. § 2412(d)(2)(A); Johnson, 919 F.2d at
504. In the present action, Plaintiff’s requested rate of $155.00 per hour is authorized by CPI-South
index. Thus, this hourly rate is authorized by the EAJA, and this Court finds Plaintiff is entitled to
3
$155.00 per attorney hour for both the hours worked in 2010 and 2011.
Further, this Court has reviewed Plaintiff’s request for 6.55 hours of attorney work during 2010
and 2011 and 7.0 hours of paralegal work during 2010 and 2011. ECF No. 13-12. Plaintiff has
submitted an itemized bill in support of that request. Id. Defendant has no objections to these
requests. ECF No. 14. Thus, this Court finds these hours are appropriate and should be approved.
In his response, Defendant objects to Plaintiff’s request for $30.00 in copying charges. Id.
Defendant claims, “Plaintiff did not show what was copied and for what purpose the copies served.”
Id. It is curious that Defendant has decided to raise this objection since such an objection is only rarely
raised. However, this Court has reviewed Plaintiff’s itemized statement and finds Defendant is correct
in his claim. ECF No. 13-12. In her itemized statement, Plaintiff only stated “Copies 120 @ 25 cents
each.” Id. Plaintiff has not demonstrated an entitlement to these copying costs or demonstrated that
they were necessary for purposes of this litigation. This is especially true since the documents filed
in this case were electronically filed. Accordingly, Plaintiff is only entitled to an award of $1,562.10.
This award represents $1,540.25 in attorney and paralegal fees ($155.00 per hour for 6.55 attorney
hours and $75.00 per hour for 7.00 paralegal hours) in addition to $21.85 in postage.
Defendant claims the fees awarded should be paid directly to Plaintiff pursuant to Ratliff. ECF
No. 17. Ratliff requires that attorney’s fees be awarded to the “prevailing party” or the litigant. See
Astrue v. Ratliff, 130 S.Ct. 2521, 2528 (2010). Thus, these fees must be awarded to Plaintiff, not to
Plaintiff’s attorney. However, if Plaintiff has executed a valid assignment to Plaintiff’s attorney of all
rights in an attorney’s fee award and Plaintiff owes no outstanding debt to the federal government, the
attorney’s fee may be awarded directly to Plaintiff’s attorney.
4
4.
Conclusion:
Based upon the foregoing, the Court awards Plaintiff $1,562.10 in attorney’s fees pursuant to
the EAJA, 28 U.S.C. § 2412.
ENTERED this 21st day of February, 2012.
/s/ Barry A. Bryant
HON. BARRY A. BRYANT
U.S. MAGISTRATE JUDGE
5
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?