Weber v. Commissioner of Social Security et al
Filing
29
ORDER granting 28 Plaintiff's Petition for an Award of Attorney's Fees under the Equal Access to Justice Act 28 USC § 2412. The Clerk is directed to enter judgment for Plaintiff as to attorney's fees in the amount of $4,574.96 under the Equal Access to Justice Act, 28 U.S.C. § 2412(d). Signed by Magistrate Judge Carol Mirando on 6/1/2017. (HJ)
UNITED STATES DISTRICT COURT
MIDDLE DISTRICT OF FLORIDA
FORT MYERS DIVISION
THOMAS WEBER,
Plaintiff,
v.
Case No: 2:16-cv-25-FtM-CM
COMMISSIONER OF SOCIAL
SECURITY,
Defendant.
ORDER
This matter comes before the Court upon review of Plaintiff’s Petition for an
Award of Attorney’s Fees under the Equal Access to Justice Act (“EAJA”) 28 USC §
2412 (Doc. 28) filed on May 26, 2017.
Plaintiff moves pursuant to the EAJA for an
award of attorney’s fees in the amount of $4,574.96.
Doc. 28 at 7. Plaintiff attaches
an itemization of time confirming a total of 23.60 hours, 21.95 hours at the rate of
$193.67 per hour for the year 2016 and 1.65 hours at the rate of $196.31 per hour for
the year 2017. Id. at 6-7.
the requested relief.
Plaintiff represents that the Commissioner consents to
Id. at 7. For the reasons stated herein, the Petition is due to
be 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 February 24, 2017, this 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).
February 27, 2017. Doc. 27.
Doc. 26. Judgment was entered on
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. 28 at 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.
§2412(d)(2)(A).
process.
28 U.S.C.
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 adjusted hourly rates that are authorized by
applying the cost-of-living adjustment to the $125.00 ceiling for work he performed
in 2016 and 2017.
Doc. 28 at 7.
Because the Commissioner does not object to the
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adjusted hourly rates sought and they are within the rates permitted by the EAJA,
the Court finds that $193.67 per hour for the year 2016 and $196.31 per hour for the
year 2017 are appropriate and reasonable hourly rates.
Plaintiff’s counsel also has
submitted a schedule of hours that include an itemization of legal services performed.
Doc. 28 at 6.
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 Petition for an Award of Attorney’s Fees under the Equal
Access to Justice Act 28 USC § 2412 (Doc. 28) is GRANTED.
Attorney’s fees in the
total amount of $4,574.96 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 judgment for Plaintiff as to attorney’s fees
in the amount of $4,574.96 under the Equal Access to Justice Act, 28 U.S.C. § 2412(d).
DONE and ORDERED in Fort Myers, Florida on this 1st day of June, 2017.
Copies:
Counsel of record
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