Collier v. Commissioner of Social Security

Filing 29

ORDER granting 28 Plaintiff's Unopposed Application for Attorney 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 $5,592.06 under the Equal Access to Justice Act, 28 U.S.C. § 2412(d).Signed by Magistrate Judge Carol Mirando on 11/8/2017. (HJ)

UNITED STATES DISTRICT COURT
MIDDLE DISTRICT OF FLORIDA
FORT MYERS DIVISION
JAY KEVIN COLLIER,
Plaintiff,
v.

Case No: 2:16-cv-527-FtM-CM

COMMISSIONER OF SOCIAL
SECURITY,
Defendant.
ORDER
This matter comes before the Court upon review of Plaintiff’s Unopposed
Application for Attorney Fees under the Equal Access to Justice Act (“EAJA”) (Doc.
28) filed on November 7, 2017.

Plaintiff moves pursuant to the EAJA for an award

of attorney’s fees in the amount of $5,592.06.

Doc. 28 at 1.

Plaintiff attaches an

itemization of time confirming a total of 11.10 hours expended at the hourly rate of
$190.35 in 2016 and 17.75 hours expended at the hourly rate of $196.01 in 2017.

Id.

at 8-9.

Id.

Plaintiff states the Commissioner does not oppose the requested relief.

at 2. For the reasons stated herein, the Motion 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).

On September 7, 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. 26.

Judgment was entered on September 13, 2017.

Doc. 27.

Plaintiff asserts the Commissioner’s position in the underlying action was not
substantially justified, and his net worth at the time this proceeding was filed was
less than two million dollars.

Doc. 28 at 1. 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 4-6.

Because the Commissioner does not object to the

adjusted hourly rates sought and they are within the rates permitted by the EAJA,

-2-

the Court finds $190.35 per hour for 2016 and $196.01 per hour for 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.
8-9.

Doc. 28 at

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 Fees under the Equal

Access to Justice Act (Doc. 28) is GRANTED.

Attorney’s fees in the total amount of

$5,592.06 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 $5,592.06 under the Equal Access to Justice Act, 28 U.S.C. § 2412(d).
DONE and ORDERED in Fort Myers, Florida on this 8th day of November,
2017.

Copies:
Counsel of record

-3-