Curtis v. Commissioner of Social Security

Filing 33

ORDER granting 32 Plaintiff's Unopposed Petition for Attorney Fees; Clerk to enter judgment for fees. Signed by Magistrate Judge James R. Klindt on 1/3/2025. (KAW)

UNITED STATES DISTRICT COURT
MIDDLE DISTRICT OF FLORIDA
TAMPA DIVISION
HEATHER CURTIS,
Plaintiff,
v.

Case No. 8:23-cv-1018-JRK

CAROLYN W. COLVIN,
Acting Commissioner of Social
Security, 1
Defendant.
ORDER
This cause is before the Court on Plaintiff’s Unopposed Petition for
Attorney Fees (Doc. No. 32; “Petition”), filed November 7, 2024. 2 Plaintiff seeks
an award of attorney’s fees pursuant to the Equal Access to Justice Act (“EAJA”)
in the amount of $6,947.20. Petition at 1-3; see also Affidavit of Plaintiff’s
Counsel (Doc. No. 32 pp. 5-6; “Affidavit”). Defendant does not oppose the relief
requested. See Petition at 2; Affidavit at 2.

Carolyn W. Colvin became the Acting Commissioner of Social Security on
November 30, 2024. Pursuant to Rule 25(d) of the Federal Rules of Civil Procedure, Carolyn
W. Colvin is substituted for Martin O’Malley as Defendant in this suit. No further action need
be taken to continue this suit by reason of the last sentence of section 205(g) of the Social
Security Act, 42 U.S.C. § 405(g).
1

The pages of the Petition and other supporting documentation are unnumbered.
Citations are to the pagination assigned by the Court’s electronic filing system (CM/ECF).
2

According to the Petition and supporting documentation, Plaintiff’s
counsel expended a total of 28.4 hours in the representation of Plaintiff before
the Court, in the years 2023 and 2024. Petition at 2; Itemization of Services
Rendered by Attorney (Doc. No. 32-1). Plaintiff requests an hourly rate of
$244.62. Petition at 2. Plaintiff is seeking a higher hourly rate than the $125
specified by statute based on the increase in the cost of living since 1996, when
the attorney’s fee rate was last adjusted by Congress. See 28 U.S.C. §
2412(d)(2)(A) (permitting fee awards at rates higher than $125 per hour upon
the Court’s determination that cost of living has increased). Having examined
the Consumer Price Index and the representations made in the Petition, the
Court concludes an increase in inflation does justify a proportionate increase in
attorney’s fees. 3 Further, the number of hours expended is reasonable.
Plaintiff has assigned her rights to any entitlement of attorney’s fees due
under the EAJA to her counsel. See Assignment of EAJA Fees (Doc. No. 32-2).
Regarding the assignment, Plaintiff represents the following:
After the Court issues an order awarding EAJA fees, the
Commissioner will determine whether Plaintiff owes a debt to the
government. Any payments shall be made payable to Plaintiff and
delivered to Plaintiff’s counsel unless Plaintiff does not owe a
federal debt. If the United States Department of the Treasury
See U.S. Dep’t of Labor, Inflation Calculator, http://data.bls.gov/cgibin/cpicalc.pl (last visited January 3, 2025). In computing the hourly rate adjustment for the
cost of living increase, the Consumer Price Index is generally used for the year in which the
services were performed. See Masonry Masters, Inc. v. Nelson, 105 F.3d 708, 710-13 (D.C. Cir.
1997); see also Gates v. Barnhart, No. 5:01-cv-148-GRJ, 2002 WL 1452232, at *3 (M.D. Fla.
June 25, 2002) (unpublished).
3

2

determines that Plaintiff does not owe a federal debt[,] the
government may accept [] Plaintiff’s assignment of EAJA form and
pay fees directly to Plaintiff’s counsel.
Petition at 2-3.
Upon due consideration, it is
ORDERED:
1.

Plaintiff’s Unopposed Petition for Attorney Fees (Doc. No. 32) is

GRANTED.
2.

The Clerk of Court is directed to enter judgment in favor of Plaintiff

and against Defendant for attorney’s fees in the amount of $6,947.20 pursuant
to 28 U.S.C. § 2412(d).
3.

The Commissioner may exercise the discretion to honor Plaintiff’s

assignment of fees to counsel if the U.S. Department of Treasury determines
that Plaintiff does not owe a debt to the U.S. Government.
DONE AND ORDERED in Jacksonville, Florida on January 3, 2025.

kaw
Copies to:
Counsel of Record

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