Nottingham v. Commissioner of Social Security
Filing
28
ORDER granting 27 Plaintiff's Unopposed Motion for Award of Attorney Fees Pursuant to the Equal Access to Justice Act, 28 U.S.C. § 2412(d). Attorney's fees in the total amount of $5,470.40 shall be awarded to Plaintiff pursuant to the Equal Access to Justice Act, 28 U.S.C. § 2412(d). Signed by Magistrate Judge Carol Mirando on 7/14/2018. (DRS)
UNITED STATES DISTRICT COURT
MIDDLE DISTRICT OF FLORIDA
ORLANDO DIVISION
MARY L. NOTTINGHAM,
Plaintiff,
v.
Case No: 6:16-cv-2050-Orl-CM
COMMISSIONER OF SOCIAL
SECURITY,
Defendant.
ORDER
This matter comes before the Court upon review of Plaintiff’s Unopposed
Motion for Award of Attorney Fees Pursuant to the Equal Access to Justice Act, 28
U.S.C. § 2412(d) (“EAJA”) filed on May 4, 2018. Doc. 27.
Plaintiff moves pursuant
to the EAJA for an award of attorney’s fees in the amount of $5,470.40.
1.
Doc. 27 at
Plaintiff includes an itemization of time confirming a total of 28.4 hours of
attorney time performed in 2016, 2017 and 2018 expended at the hourly rate of
$192.62.
Id.; Doc. 27-1 at 2-3; Doc. 27-2 at 3-4. Plaintiff states the Commissioner
does not oppose the requested relief. Doc. 27 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 two
million dollars 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 7, 2018, 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).
9, 2018.
Doc. 26.
Doc. 25. Judgment was entered on February
Plaintiff asserts that the Commissioner’s position in the
underlying action was not substantially justified, and that Plaintiff’s net worth at the
time this proceeding was filed was less than two million dollars.
Doc. 27 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. 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).
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 performed
during 2016, 2017 and 2018.
Doc. 27-1. Because the Commissioner does not object
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to the adjusted hourly rate sought and it is within the rates permitted by the EAJA,
the Court finds $192.62 for 2016, 2017 and 2018 is an appropriate and reasonable
hourly rate for those years.
Plaintiff’s counsel also has submitted a schedule of
hours that includes an itemization of legal services performed.
Doc. 27-2 at 3-4.
After reviewing the description of the services provided, the Court also concludes the
time is reasonable and properly compensable.
ACCORDINGLY, it is
ORDERED:
1.
Plaintiff’s Unopposed Motion for Award of Attorney Fees Pursuant to the
Equal Access to Justice Act, 28 U.S.C. § 2412(d) (Doc. 27) is GRANTED.
Attorney’s
fees in the total amount of $5,470.40 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 $5,470.40 under the EAJA, 28 U.S.C. § 2412(d).
DONE and ORDERED in Fort Myers, Florida on this 14th day of July, 2018.
Copies:
Counsel of record
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