Grant v. Social Security Administration
Filing
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ORDER AND REASONS granting in part 23 Motion for Attorney Fees. Signed by Judge Mary Ann Vial Lemmon. (cbn)
UNITED STATES DISTRICT COURT
EASTERN DISTRICT OF LOUISIANA
DEIDRA GRANT O/B/O C.P.
CIVIL ACTION
VERSUS
NO: 12-1306
CAROLYN W. COLVIN, ACTING
COMMISSIONER OF THE SOCIAL
SECURITY ADMINISTRATION
SECTION: "S" (3)
ORDER AND REASONS
IT IS HEREBY ORDERED that Plaintiff's Motion for Attorneys' Fees Under the Equal
Access to Justice Act (Doc. #23) is GRANTED IN PART, in that plaintiff is awarded $6,016 in
attorneys' fees.
BACKGROUND
This matter is before the court on a motion for attorneys' fees filed by plaintiff, Deidra Grant,
on behalf of her minor son, C.P., under the Equal Access to Justice Act ("EAJA"), 28 U.S.C. § 2412.
Grant successfully appealed an adverse decision of the Social Security Administration to the United
States District Court for the Eastern District of Louisiana, and she seeks an award of attorneys' fees
in the amount of $6,966.90, which represents 37.6 hours of work at a rate of $185.29 per hour.
Defendant, the Commissioner of the Social Security Administration, agrees that Grant is
entitled to attorneys' fees under the EAJA, but disputes the number of hours and the hourly rate. The
Commissioner argues that the hourly rate should be $160 per hour, and that the number of hours
should be reduced to 34.1 hours. The Commissioner argues that the following clerical tasks should
be eliminated from the claimed hours because they did not require an attorney's skill or knowledge
to perform: draft in forma pauperis form and cover letter to client (0.7 hours); receipt and review of
order granting in forma pauperis motion (0.3 hours); preparation and mailing of service letters to
United States Attorney, Social Security Administration and Attorney General (0.3 hours);
submission of executed summons (0.3 hours); telephone call from United States Attorney regarding
request for an extension of time (0.2 hours); receipt and review of motion for extension of time filed
by defendant (0.3 hours); receipt and review of order granting defendant's motion for extension of
time (0.3 hours); call from United States Attorney requesting an additional extension of time (0.2
hours); receipt and review of motion for extension of time filed by defendant (0.3 hours); receipt and
review of the order granting the defendant an extension of time to respond (0.3 hours); and receipt
and review of the scheduling order (0.3 hours). The Commissioner also argues that the amount of
time claimed for some of these tasks is excessive.
ANALYSIS
The EAJA provides that a court shall award attorneys' fees to a prevailing party in a civil
action brought against the United States, including proceedings for judicial review of agency
actions, unless the court finds that the position of the government was substantially justified or that
special circumstances make the award unjust. 28 U.S.C. § 2412(d)(1)(A). The amount of attorneys'
fees awarded under the EAJ shall not exceed "$125 per hour unless the court determines that an
increase in the cost of living or a special factor, such as the limited availability or quality of
attorneys for the proceeding involved, justifies a higher fee." Id. at § 2412(d)(2)(A).
The EAJA "vests the district courts with discretion to arrive at a reasonable rate for attorneys'
fees based on cost-of-living adjustments and other factors." Yoes v. Barnhart, 467 F.3d 426 (5th Cir.
2006). Thus, the court may increase the hourly rate beyond the statutory cap. Baker v. Bowen, 839
F.2d 1075, 1084 (5th Cir. 1988). The increased rate does not have to precisely track the cost of
living increase for the geographical area, but should be calculated "only to the extent necessary to
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ensure an adequate source or representation." Id. As noted by United States Court of Appeals for
the Fifth Circuit in Hall v. Shalala, 50 F.3d 367, 369 (5th Cir. 1995), the EAJA has a dual purpose
of ensuring adequate representation for those who need it and minimizing the cost of this
representation to the taxpayers.
Recently, other sections of this court have found that $150 or $160 per hour is a reasonable
rate for attorneys fees in EAJA cases. See Roberts v. Astrue, 2010 W: 924287 (E.D. La. 3/9/2012)
(Zainey, J.) (awarding $150 per hour); Thibodeaux v. Astrue, 914 F.Supp.2d 789 (E.D. La. 2012)
(Africk, J.) (awarding $160 per hour); Seal v. Astrue, Civil Action No. 11-2168, Doc. #33 (E.D. La.
10/3/2012) (Zainey, Jr.) (awarding $160 per hour). In light of these recent awards in this district,
the government's suggestion that $160 per hour is reasonable in this case, and the plaintiff's lack of
justification for a higher rate, the court finds that $160 per hour is a reasonable rate for attorneys'
fees in this case.
Further, the court finds the hours plaintiff's attorney spent on this matter are reasonable.
Therefore, plaintiff's attorney will be compensated for 37.6 hours at a rate of $160 per hour,
resulting an award of attorneys' fees to plaintiff in the amount of $6,016.
CONCLUSION
IT IS HEREBY ORDERED that Plaintiff's Motion for Attorneys' Fees Under the Equal
Access to Justice Act (Doc. #23) is GRANTED IN PART, in that plaintiff is awarded $6,016 in
attorneys' fees.
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22nd
New Orleans, Louisiana, this _____ day of August, 2013.
____________________________________
MARY ANN VIAL LEMMON
UNITED STATES DISTRICT JUDGE
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