Anderson v. Commissioner of Social Security

Filing 18

ORDER granting 17 Plaintiff's Unopposed Application for Attorney Fees Under the Equal Access to Justice Act. Signed by Magistrate Judge Carol Mirando on 4/7/2015. (ANW)

UNITED STATES DISTRICT COURT
MIDDLE DISTRICT OF FLORIDA
FORT MYERS DIVISION
ROBERT ANDERSON,
Plaintiff,
v.

Case No: 2:14-cv-541-FtM-CM

COMMISSIONER OF SOCIAL
SECURITY,
Defendant.
ORDER
Before the Court is Plaintiff’s Unopposed Application for Attorney Fees Under
the Equal Access to Justice Act (Doc. 17) filed on April 1, 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 $4,433.05 and costs for filing fees in the
amount of $400.00.

Plaintiff attaches a timesheet confirming a total of 23.2 hours

worked on this matter at a rate of $191.08 per hour.

Doc. 17 at 8.

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, the Commissioner filed an Unopposed Motion for Entry of
Judgment with Remand (Doc. 14), and on February 9, 2015 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. 15. Judgment was entered
the same day. Doc. 16. 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 his net worth at the time this proceeding was filed
was less than two million dollars. Doc. 17.

The Commissioner does not contest

that Plaintiff meets the requirements under the EAJA, and the Court finds that all
conditions have been met. Id.
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 Plaintiff’s counsel, 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 $191.08 is an appropriate hourly rate. Plaintiff’s counsel also has submitted
timesheets that include an itemization of legal services performed. Doc. 17 at 8.
Counsel spent a total of 23.2 hours of work on Plaintiff’s case. Id. 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 Application for Attorney Fees under the Equal

Access to Justice Act (Doc. 17) is GRANTED.

Attorney’s fees in the amount of

$4,433.05 and costs in the amount of $400.00 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 $4,433.05 and costs in the amount of $400.00 under the Equal
Access to Justice Act, 28 U.S.C. § 2412(d).
DONE and ORDERED in Fort Myers, Florida on this 7th day of April, 2015.

Copies:
Counsel of record

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