Parker v. Commissioner of Social Security
Filing
26
ORDER granting 25 Unopposed Application for Attorney's Fees Under the Equal Access to Justice Act. The Clerk is directed to enter judgment for Plaintiff as to attorney's fees in the amount of $7,292.74 and costs in the amount of $400.00 under the Equal Access to Justice Act, 28 U.S.C. § 2412(a),(d). Signed by Magistrate Judge Carol Mirando on 6/21/2017.(LS)
UNITED STATES DISTRICT COURT
MIDDLE DISTRICT OF FLORIDA
FORT MYERS DIVISION
KELLY PARKER,
Plaintiff,
v.
Case No: 2:16-cv-352-FtM-CM
COMMISSIONER OF SOCIAL
SECURITY,
Defendant.
ORDER
This matter comes before the Court upon review of Unopposed Application for
Attorney’s Fees Under the Equal Access to Justice Act (“EAJA”) (Doc. 25) filed on
June 14, 2017. Plaintiff moves pursuant to the EAJA for an award of attorney’s fees
in the amount of $7,292.74, and costs in the amount of $400.00.
Doc. 25 at 1.
Plaintiff attaches an itemization of time confirming a total of 27 hours at the rate of
$190.35 per hour for the year 2016 and a total of 11 hours at the rate of $196.01 per
hour for the year 2017. 1
Id. at 8-9. Plaintiff represents that the Commissioner
consents to the requested relief. Id. at 2. For the reasons stated herein, the Motion
is due to be granted.
The EAJA authorizes the award of litigation costs for a prevailing party in any
civil action brought against any agency or any official of the United States acting in
Plaintiff seeks $7,292.74 in attorney’s fees, but, by the Court’s calculation, the total is
$7295.56. Nevertheless, the Court grants Plaintiff the relief she seeks.
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his or her official. 28 U.S.C. § 2412(a). 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 April 17, 2017, this 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). Doc. 23. Judgment was entered on April 18,
2017.
Doc. 24.
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. 25 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
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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
in 2016 and 2017. Doc. 25 at 4-6. 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 $190.35 per hour for the year 2016 and $196.01 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.
Id. at 8-9. 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.
Unopposed Application for Attorney's Fees Under the Equal Access to
Justice Act (Doc. 25) is GRANTED. Attorney’s fees in the amount of $7,292.74 shall
be awarded to Plaintiff pursuant to the 28 U.S.C. § 2412(d) and costs in the amount
of $400.00 shall be awarded to Plaintiff pursuant to 28 U.S.C. § 2412(a). 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.
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2.
The Clerk is directed to enter judgment for Plaintiff as to attorney’s fees
in the amount of $7,292.74 and costs in the amount of $400.00 under the Equal Access
to Justice Act, 28 U.S.C. § 2412(a),(d).
DONE and ORDERED in Fort Myers, Florida on this 21st day of June, 2017.
Copies:
Counsel of record
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