King v. Commissioner of Social Security

Filing 31

ORDER granting 30 Plaintiff's Unopposed Motion for Attorney Fees Under the Equal Access to Justice Act. Signed by Magistrate Judge Carol Mirando on 10/23/2015. (ANW)

UNITED STATES DISTRICT COURT
MIDDLE DISTRICT OF FLORIDA
FORT MYERS DIVISION
DEBORAH KING,
Plaintiff,
v.

Case No: 2:14-cv-341-FtM-CM

COMMISSIONER OF SOCIAL
SECURITY,
Defendant.
ORDER
Before the Court is Plaintiff’s Unopposed Motion for Attorney Fees Under the
Equal Access to Justice Act (Doc. 30), filed on October 21, 2015. 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 $8,579.79.

Plaintiff attaches an

itemization of time confirming a total of 32.7 hours worked at a rate of $191.08 per
hour in 2014, and 12.3 hours worked at a rate of $189.55 per hour in 2015 on this
matter. Doc. 30 at 10. Plaintiff represents that the Commissioner has no objection
to the Motion or relief requested.

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, on September 8, 2015 the Court entered an Opinion and Order
reversing and remanding this case to the Commissioner for further proceedings
pursuant to sentence four of 42 U.S.C. § 405(g). Doc. 28. Judgment was entered on
September 9, 2015. Doc. 29. 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. Doc. 30 at 1-2. 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).
Plaintiff’s counsel is requesting an adjusted hourly rate that is authorized by
applying the cost-of-living adjustment to the $125.00 ceiling for work he performed

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in 2014 and 2015. 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
$191.08 per hour in 2014 and $189.55 per hour in 2015 are appropriate and
reasonable hourly rates.

Plaintiff’s counsel also has submitted timesheets that

include an itemization of legal services performed. Doc. 30 at 9-10. Counsel spent
a total of 32.7 hours of work in 2014 and 12.3 hours of work in 2015 on Plaintiff’s
case. Id. After reviewing the description of the services provided, the Court also
concludes that the time is reasonable and properly compensable.
ACCORDINGLY, it is hereby
ORDERED:
1.

Plaintiff's Unopposed Application for Attorney’s Fees Pursuant to the

Equal Access to Justice Act (Doc. 30) is GRANTED. Attorney’s fees in the amount
of $8,579.79 shall be awarded to Plaintiff pursuant to the EAJA, 28 U.S.C. § 2412(d).
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 for Plaintiff as to attorney’s

fees in the amount of $8,579.79 under the Equal Access to Justice Act, 28 U.S.C. §
2412(d).

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DONE and ORDERED in Fort Myers, Florida on this 23rd day of October,
2015.

Copies:
Counsel of record

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