Brown v CSS
ORDER granting 22 Motion for Attorney Fees. Attorneys fees under EAJA is granted in the agreed upon amount of $7,500.00, payable to the plaintiff from the Social Security Administration, and mailed to plaintiff's attorney's address after any offset. Signed by Senior Judge Donald E O'Brien on 3/1/13. (djs)
IN THE UNITED STATES DISTRICT COURT
FOR THE NORTHERN DISTRICT OF IOWA
JANIS ELAINE BROWN,
COMMISSIONER OF SOCIAL
SECURITY, Carolyn W.
This matter is before this Court pursuant to “Application
For Attorneys Fees Under The Equal Access To Justice Act 28
U.S.C. §2412” (Docket No. 22), requesting attorney fees in the
“Defendant’s Response To Plaintiff’s Application For Attorney
Fees Pursuant To The Equal Access To Justice Act” (Docket No.
23) that indicates the defendant and plaintiff subsequently
reached a settlement for a total EAJA payment of $7,500.00, to
be paid by the Social Security Administration.
Plaintiff Janis Elaine Brown originally filed this case
against Michael J. Astrue, the Commissioner of the Social
Security Administration (“SSA”).
On February 14, 2013,
Carolyn W. Colvin became Commissioner of the SSA. The Court,
therefore, substitutes Commissioner Colvin as the defendant in
this action. Fed. R. Civ. P. 25(d)(1).
28 U.S.C. § 2412(d) of the EAJA provides for the award of
fees and expenses if:
(1) the party requesting the fees
prevailed; (2) the position of the United States was not
“substantially justified;” (3) the fees were incurred by the
moving party in a “civil action . . . including proceedings
for judicial review of agency action;” (4) the action was
entering the ruling had “jurisdiction of that action;” (6) the
party seeking fees submitted an application 30 days after
final judgment, specifying the “amount sought, including an
itemized statement . . . stating the actual time expended and
the rate at which fees and other expenses were computed;” (7)
the amount sought is reasonable under the circumstances; and
(8) there are no “special circumstances” making “an award
In this case, Plaintiff has satisfied each necessary
Plaintiff prevailed in a civil action against the
Commissioner of Social Security (Docket No. 20).
properly exercised jurisdiction pursuant to 42 U.S.C. §§
405(g) and 1383(c)(3). The Commissioner was not substantially
justified in that the overwhelming weight of the evidence
appropriate. Plaintiff’s request for attorney’s fees included
an itemized statement of the actual time expended (Docket No.
Neither the Commissioner nor this Court consider the
amount sought to be unreasonable under the circumstances.
circumstances which would render the award unjust.
Therefore, as agreed to by the parties, attorneys fees
under EAJA is granted in the agreed upon amount of $7,500.00,
Administration, and mailed to plaintiff’s attorney’s address
after any offset.
IT IS SO ORDERED this 1st day of March, 2013.
Donald E. O’Brien, Senior Judge
United States District Court
Northern District of Iowa
28 U.S.C. § 2412(d)(2)(A) provides that “attorney fees
shall not be awarded in excess of $125 per hour unless the
court determines that an increase in the cost of living . . .
justifies a higher fee.” (citation omitted). In this case,
the Court has reviewed the Itemization of Fees provided by
Attorney Carter regarding the charged rate in this case
(Docket No. 22).
The parties agreed to this arrangement in accordance
with Astrue v. Ratliff, 130 S. Ct. 2521, 2529 (2010). Docket
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