Olson v. Commissioner of Social Security

Filing 24

ORDER granting 22 Plaintiff's Unopposed Petition for Attorney's Fees. The Clerk is directed to enter a judgment as to attorney's fees in the amount of $812.65 under the Equal Access to Justice Act, 28 U.S.C. § 2412(d). Signed by Magistrate Judge Carol Mirando on 8/13/2014. (BLW)

UNITED STATES DISTRICT COURT
MIDDLE DISTRICT OF FLORIDA
FORT MYERS DIVISION
MICHAEL OLSON,
Plaintiff,
v.

Case No: 2:14-cv-25-FtM-CM

COMMISSIONER OF SOCIAL
SECURITY,
Defendant.
ORDER
Before the Court is Plaintiff’s Unopposed Petition for Attorney’s Fees (Doc. 22)
filed on August 8, 2014. Plaintiff moves pursuant to the Equal Access to Justice Act
(“EAJA”), 28 U.S.C. § 2412(d), for an award of attorney’s fees in the amount of
$812.65, and attaches the Affidavit of Plaintiff’s Counsel, confirming a total of 4.50
hours worked on this matter at a rate of $180.59 per hour. Doc. 22 at 5-7. Plaintiff
represents that the Commissioner has no objection to his petition. For the reasons
stated herein, the Motion is granted.
Under the EAJA, a claimant is eligible for an attorney fee award where: (1) the
claimant is a prevailing party in a non-tort suit involving the United States; (2) the
Government’s position was not substantially justified; (3) the claimant filed a timely
application for attorney’s fees; (4) the claimant had a net worth of less than $2 million
at the time the complaint was filed; and (5) there are no special circumstances which
would make the award of fees unjust. 28 U.S.C. § 2412(d).

In this case, the Commissioner filed an Unopposed Motion for Entry of
Judgment with Remand, and on May 12, 2014 the Court entered an Order reversing
and remanding this case to the Commissioner for further proceedings pursuant to
sentence four of 42 U.S.C. § 405(g). Docs. 19, 20. Judgment was entered the same
day. Doc. 21. Thus, Plaintiff is the prevailing party in this litigation. Plaintiff
also asserts that the Commissioner’s position in the underlying action was not
substantially justified and that her net worth at the time this proceeding was filed
was less than two million dollars. The Commissioner does not contest that Plaintiff
meets the requirements under the EAJA, and the Court finds that all conditions have
been met.
EAJA fees are “based upon prevailing market rates for the kind and quality of
services furnished,” not to exceed $125.00 per hour unless the Court determines that
an increase in the cost of living or a special factor justifies a higher fee. 28 U.S.C. §
2412(d)(2)(A).
process.

Determination of the appropriate hourly rate is thus a two-step

The Court first determines the prevailing market rate; then, if the

prevailing rate exceeds $125.00, the Court determines whether to adjust the hourly
rate. Meyer v. Sullivan, 958 F.2d 1029, 1033-34 (11th Cir. 1992). The prevailing
market rates must be determined according to rates customarily charged for similarly
complex litigation, and are not limited to rates specifically for social security cases.

Watford v. Heckler, 765 F.2d 1562, 1568 (11th Cir. 1985).
As noted by the Plaintiff, he is requesting an adjusted hourly rate that is
authorized by applying the cost-of-living adjustment to the $125.00 ceiling for work

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he performed in 2014. Because the Commissioner does not object to the adjusted
hourly rate sought and it is within the rates permitted by the EAJA, the Court finds
that $180.59 is an appropriate hourly rate.
Plaintiff’s counsel has submitted time sheets that include an itemization of
legal services performed. Doc. 22 at 5-7. Counsel spent a total of 4.50 hours of work
on Plaintiff’s case.

After reviewing the description of the services provided, the

Court concludes that the time is reasonable and properly compensable.
ACCORDINGLY, it is hereby
ORDERED:
1.

Plaintiff’s Unopposed Petition for Attorney’s Fees (Doc. 22) is

GRANTED. Attorney’s fees in the amount of $812.65 shall be awarded to Michael
A. Steinberg and Associates pursuant to the EAJA, 28 U.S.C. § 2412(d).

The

payment shall be made payable to Plaintiff and delivered to Plaintiff’s counsel, unless
Plaintiff does not owe a federal debt.

If the United States Department of the

Treasury determines that Plaintiff does not owe a federal debt, the Government will
accept Plaintiff’s assignment of EAJA fees and pay fees directly to Plaintiff’s counsel.
2.

The Clerk is directed to enter a judgment as to attorney’s fees in the

amount of $812.65 under the Equal Access to Justice Act, 28 U.S.C. § 2412(d).
DONE and ORDERED in Fort Myers, Florida on this 13th day of August, 2014.

Copies: Counsel of record

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