Hanson v. Commissioner of Social Security

Filing 23

ORDER granting 21 Motion for Attorney Fees in the amount to which the parties have agreed. The Social Security Administration shall pay attorney's fees under the EAJA in the agreed upon amount of $4,081.73, payable to the plaintiff, and mailed to the plaintiff's attorney's address after any offset. Signed by Judge Mark W Bennett on 09/01/2015. (src)

IN THE UNITED STATES DISTRICT COURT
FOR THE NORTHERN DISTRICT OF IOWA
WESTERN DIVISION
VICKIE LYNN HANSON,
Plaintiff,

No. C 14-4061-MWB

vs.
COMMISSIONER OF SOCIAL
SECURITY, Carolyn W. Colvin, Acting
Agent,

ORDER GRANTING PLAINTIFF’S
APPLICATION FOR ATTORNEY’S
FEES

Defendant.
____________________
This case is before me on the plaintiff’s May 15, 2015, Fee Application (docket
no. 21), requesting attorney’s fees in the amount of $4,081.73. The defendant filed his
Response To Plaintiff’s Application For Attorney Fees Pursuant To Justice Act (docket
no. 22) stating, “Defendant has no objection to plaintiff’s request for attorney fees under
the EAJA in the amount of $4,081.73. Defendant respectfully requests that the court
enter an order specifically awarding attorney fees of $4,081.73.” Further, the defendant
states that, in accordance with Astrue v. Ratliff, 560 U.S. 586 (2010), “the EAJA fee is
payable to plaintiff as the litigant and may be subject to offset to satisfy a pre-existing
debt that the litigant owes to the United States.” Defendant’s Response at 1.
In 28 U.S.C. § 2412(d), the EAJA provides for the award of fees and expenses
under the following circumstances: (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 brought by or against the United States; (5) the court
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 unjust.”
In this case, the plaintiff has satisfied each of the necessary circumstances
identified in § 2412(d). The plaintiff prevailed in a civil action against the Commissioner
of Social Security. See Order (docket no. 19) (reversing the decision of the ALJ and
remanding for further consideration). The Commissioner’s position 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.
The fees claimed were incurred by the plaintiff in proceedings for judicial review of
agency action against the United States. This court properly exercised jurisdiction over
this action for judicial review pursuant to 42 U.S.C. §§ 405(g) and 1383(c)(3). The
plaintiff’s application was timely and included an itemized statement of the actual time
expended, the hourly rate, and the manner in which fees and other expenses were
computed. See Plaintiff’s Fee Application (docket no. 21). Neither the Commissioner
nor I consider the amount agreed upon by the parties to be unreasonable under the
circumstances.1 Finally, I am unaware of any special circumstances that would render
the award unjust, and the parties have identified none.

1

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.” In this case, I have reviewed the Itemization of Fees
provided by plaintiff’s attorney, and I find that the hourly rate charged in this case is
$190.06. See Plaintiff’s Fee Application (docket no. 21). Plaintiff states that “Pursuant
to the Statutory Maximum Rates Under the Equal Access to Justice Act, the undersigned
believes the hourly rate should be $190.06 for 2014 as indicated on the United States
Courts for the Ninth Circuit’s website. The 2014 hourly rate was also used for the
undersigned’s time entry in 2015, as the 2015 [sic] is not yet indicated on the United
States Courts for the Ninth Circuit’s website.” Here, plaintiff requested an increase in
the rate charged, and the defendant did not object. Therefore, I do find the increase in
the rate to be justified for the reasons stated. See 28 U.S.C. §2412(d)(2)(A).

Therefore, the plaintiff’s May 15, 2015, Fee Application (docket no. 21) is
granted in the amount to which the parties have agreed.

The Social Security

Administration shall pay attorney’s fees under the EAJA in the agreed upon amount of
$4,081.73, payable to the plaintiff, and mailed to plaintiff’s attorney’s address after any
offset.2
IT IS SO ORDERED.
DATED this 1st day of September, 2015.

______________________________________
MARK W. BENNETT
U.S. DISTRICT COURT JUDGE
NORTHERN DISTRICT OF IOW

2

As previously stated, the fee amount is subject to offset as set out in Astrue v.
Ratliff, 560 U.S. 586 (2010).