Romanzi v. Commissioner of Social Security

Filing 21

ORDER granting 20 Motion for attorney fees. Signed by Magistrate Judge David A. Baker on 2/5/2009. (EC)

UNITED STATES DISTRICT COURT
MIDDLE DISTRICT OF FLORIDA
ORLANDO DIVISION
ALEXANDER C. ROMANZI, Plaintiff, -vsCOMMISSIONER OF SOCIAL SECURITY, Defendant. ______________________________________ Case No. 6:07-cv-1848-Orl-DAB

ORDER
This cause came on for consideration without oral argument on the following motion filed herein: MOTION: UNCONTESTED MOTION FOR ATTORNEY'S FEES (Doc. No. 20)

FILED: February 3, 2009 _______________________________________________________ THEREON it is ORDERED that the motion is GRANTED. Plaintiff petitions for an award of fees following the issuance of an Order and Judgment reversing the decision of the Commissioner of Social Security with respect to Plaintiff's claim for benefits, and remanding the case pursuant to sentence four of 42 U.S.C. § 405(g). Pursuant to the Equal Access to Justice Act, a party can recover an award of attorney's fees against the government provided that the party seeking the award is the prevailing party; the application for such fees, including an itemized justification for the amount sought, is timely filed; the position of the

government is not substantially justified; and no special circumstances are present which would make an award unjust. 28 U.S.C. § 2412(d)(1)(A). The Commissioner does not oppose the motion. Plaintiff's Motion seeks an award of attorney's fees in the amount of $3,943.50. Two timekeepers billed on this file, as follows: Name Richard A.Culbertson Thomas Rice Time 3.9 hours 20 hours Rate $165 per hour $165 per hour Total Total $643.50 $3,300.00 $3,943.50

The papers reflect that the rates were calculated at the statutory rate, adjusted for the cost of living increase. See Meyer v. Sullivan, 958 F.2d 1029, 1034 (11th Cir. 1992) (court must consider cost of living increases when awarding attorneys fees under Equal Access to Justice Act); Johnson v. Sullivan, 919 F.2d 503, 504 (8th Cir. 1990) (CPI is appropriate proof of cost of living increase and justifies higher award than statutory rate). Upon review and no objection having been filed by the Commissioner, the Court finds that these sums are reasonable and an award is appropriate under the EAJA. The motion is granted, and the Clerk is directed to enter judgment in the amount of $3,943.50. DONE and ORDERED in Orlando, Florida on February 4, 2009.

David A. Baker
DAVID A. BAKER UNITED STATES MAGISTRATE JUDGE Copies furnished to: Counsel of Record -2-

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