Sundling v. Commissioner of Social Security
ORDER granting 21 Motion for Attorney Fees. Attorney fees under EAJA are granted in the agreed upon amount of $6,293.03. Signed by Senior Judge Donald E OBrien on 1/5/15. (djs)
IN THE UNITED STATES DISTRICT COURT
FOR THE NORTHERN DISTRICT OF IOWA
TIMOTHY ALLAN SUNDLING,
COMMISSIONER OF SOCIAL
SECURITY, Carolyn W. Colvin,
This matter is before the Court pursuant to “Application
For Attorney Fees Under The Equal Access To Justice Act 28
U.S.C. § 2412” (Docket No. 21), requesting attorney fees in
the amount of $6,293.03.
Plaintiff’s Application For Attorney Fees Pursuant To The
Equal Access To Justice Act” (Docket No. 22), stating that the
defendant has no objection to plaintiff’s request for attorney
fee payment under the EAJA in the amount of $6,293.03, to be
paid by the Social Security Administration.
that in accordance with Astrue v. Ratliff, 560 U.S. 586
(2010), “the EAJA fee is payable to the Plaintiff as the
litigant and may be subject to offset to satisfy any preexisting debt the litigant may owe the United States.” Docket
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. 19).
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
supported the conclusion that the Commissioner’s decision
should be reversed and remanded for further consideration.
Plaintiff’s request for attorney’s fees included an itemized
statement of the actual time expended (Docket No. 21-2).
Neither the Commissioner nor this Court consider the amount
sought to be unreasonable under the circumstances.
finally, this Court is unaware of any special circumstances
which would render the award unjust.
Therefore, attorney fees under EAJA are granted in the
agreed upon amount of $6,293.03, payable to the plaintiff from
the Social Security Administration, and mailed to plaintiff’s
attorney’s address after any offset.
IT IS SO ORDERED this 5th day of January, 2015.
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. 21).
The fee amount is subject to offset as out in Astrue
v. Ratliff, 560 U.S. 586 (2010). Docket No. 22.
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