Geuss v. Social Security Administration Commissioner

Filing 21

ORDER ADOPTING 20 REPORT AND RECOMMENDATIONS ; granting 16 Motion for Attorney Fees. Signed by Honorable Jimm Larry Hendren on February 22, 2013. (src)

IN THE UNITED STATES DISTRICT COURT
WESTERN DISTRICT OF ARKANSAS
FAYETTEVILLE DIVISION
JIM GEUSS

PLAINTIFF
v.

Civil No. 10-5244

MICHAEL ASTRUE,1 Commissioner
Social Security Administration

DEFENDANT

O R D E R
Now

on

this

22nd

day

of

February

2013,

comes

on

for

consideration the Magistrate Judge's Report and Recommendation
(document #20), filed on January 30, 2013, to which no objections
have been made. The Court, being well and sufficiently advised,
finds and orders as follows:
1.

Plaintiff

Jim

Geuss

appealed

the

Social

Security

Administration Commissioner's denial of benefits and obtained a
judgment in his favor. Mr. Geuss then moved for an award of
attorney's fees and costs pursuant to the Equal Access to Justice
Act (EAJA), 28 U.S.C. § 2412(d). The matter was reviewed by
Magistrate Judge Erin L. Setser and is now before the Court on her
Report and Recommendation.
2.

Mr. Geuss requests compensation as follows:

*

For work performed in 2010, 150 minutes (or 2.5 hours)2
at the rate of $172 per hour;

1

As of February 14, 2013, Carolyn W. Colvin became the Acting Social Security
Commissioner. Pursuant to Fed. R. Civ. P. 25(d)(1), Carolyn W. Colvin has been
substituted for Commissioner Michael Astrue as the defendant in this matter.
2
In his itemized statement, Mr. Geuss incorrectly converts 150 minutes to 2.75
hours.

*

For work performed in 2011, 920 minutes (or 15.33
hours)3 at the rate of $173 per hour;

*

For work performed in 2012, 260 minutes (or 4.33 hours)4
at the rate of $180 per hour;

*

For the cost of service, $22.84; and

*

For the cost of copies, $100.25.

3.

The Commissioner disputes the total number of attorney

hours and the costs requested. Specifically, the Commissioner asks
that the following be excluded from Mr. Geuss's compensation:
*

From work performed in 2010, 45 minutes (consisting of
15 minutes on December 13 and 30 minutes on December
28);

*

From work performed in 2011, 155 minutes (consisting of
30 minutes on January 10, 15 minutes on January 12, 20
minutes on January 12, 60 minutes on January 13, and 30
minutes on April 8);

*

From work performed in 2012 for preparation of the EAJA
bill, 180 minutes; and

*

The cost of copies ($100.25).

4.

The Magistrate Judge found -- and the Court agrees --

that Mr. Geuss's requested rates ($172 per hour for work performed
in 2010, $173 per hour for work performed in 2011, and $180 per
hour for work performed in 2012) are appropriate in this instance.
5.

The

Magistrate

Judge

further

found

the

deductions

requested by the Commissioner to be appropriate, and the Court

3
In his itemized statement, Mr. Geuss incorrectly converts 920 minutes to 15.34
hours.

4

In his itemized statement, Mr. Geuss incorrectly adds up the total minutes worked
in 2012 to equal 240 minutes (or 4.00 hours).

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likewise agrees.
6.

Based on the foregoing, Mr. Geuss will be awarded his

attorney's fees and costs as follows:
*

For work performed in 2010,
-

150 minutes
45 minutes
105 minutes (or 1.75 hours)

1.75 hours
x $172.00
$301.00
*

For work performed in 2011,
920 minutes
- 155 minutes
765 minutes (or 12.75 hours)
12.75 hours
x $173.00
$2205.75

*

For work performed in 2012,
260 minutes
- 180 minutes
80 minutes (or 1.33 hours)
1.33 hours
x $180.00
$240.00

*

For the cost of service, $22.84.

Therefore, the total award for attorney's fees and costs will be
$2,769.59.
IT IS THEREFORE ORDERED that the Magistrate Judge's Report
and Recommendation (document #20) is adopted as modified.
IT IS FURTHER ORDERED that Plaintiff's Request for EAJA
-3-

Attorney Fees and Costs (document #16) is granted as described
herein. Judgment will be entered under separate order.
IT IS SO ORDERED.

/s/ Jimm Larry Hendren
JIMM LARRY HENDREN
UNITED STATES DISTRICT JUDGE

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