Dixon v. Social Security Administration Commissioner

Filing 20

MEMORANDUM OPINION AND ORDER granting 17 Motion for Attorney Fees, in favor of Jeremy Allen Dixon against Social Security Administration Commissioner in the amount of $5,058.85. Signed by Honorable Mark E. Ford on August 31, 2016. (rg)

IN THE UNITED STATES DISTRICT COURT
WESTERN DISTRICT OF ARKANSAS
HARRISON DIVISION
JEREMY ALLEN DIXON

v.

PLAINTIFF

CIVIL NO. 3:15-cv-3003-MEF

CAROLYN W. COLVIN, Commissioner
Social Security Administration

DEFENDANT

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 No. 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. 9.
On May 23, 2016, 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 $5,364.50, representing a
total of 27.90 attorney hours for work performed in 2014, 2015, and 2016 at an hourly rate of
$190.00 and $63.50 in expenses. ECF No. 17. On June 3, 2016, the Defendant filed a response
objecting to several of the hours for which compensation is sought, the hourly rate requested, and
the expenses claimed. ECF No. 18. On June 20, 2016, Plaintiff filed a reply, conceding to the
Defendant’s objections. ECF No. 19.
It is the opinion of the undersigned that the Plaintiff is entitled to a fee award in this case,
as he is the prevailing party, the government’s decision to deny benefits was not “substantially
justified,” and he is entitled to an hourly rate greater than $75.00. See Jackson v. Bowen, 807 F.2d
127, 128 (8th Cir. 1986) (burden is on the Commissioner to show substantial justification for the
government’s denial of benefits) and Johnson v. Sullivan, 919 F.2d 503 (8th Cir. 1990) (the hourly
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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). However, we agree with the
Defendant’s objections. Accordingly, Plaintiff is entitled to an attorney’s fee award under EAJA
of $5,053.85, which includes $5,030.35 in attorney fees and $23.50 in postage expenses.
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.
IV.

Conclusion:
Based upon the foregoing, Plaintiff is awarded the sum of $5,058.85 for attorney’s fees

pursuant to the EAJA, 28 U.S.C. § 2412.
Dated this 31st day of August 2016.
/s/ Mark E. Ford
HONORABLE MARK E. FORD
UNITED STATES MAGISTRATE JUDGE 

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