Robeaux v. Social Security Administration

Filing 17

ORDER granting in part 15 Motion for Attorney Fees. Signed by Judge Jay C. Zainey on 11/20/13. (jrc, )

UNITED STATES DISTRICT COURT
EASTERN DISTRICT OF LOUISIANA
PAULETTE A. ROBEAUX

CIVIL ACTION

VERSUS

NO: 12-2093

SOCIAL SECURITY ADMINISTRATION

SECTION: "A" (3)

ORDER AND REASONS
Before the Court is a Motion for Attorney's Fees under the
Equal Access to Justice Act (Rec. Doc. 15) filed by Plaintiff
Paulete A. Robeaux.

Defendant Carolyn W. Colvin, Acting

Commissioner of the Social Security Administration, opposes the
motion (Rec. Doc. 16).

The motion, scheduled for submission on

November 6, 2013, is before the Court on the briefs without oral
argument.

For the reasons stated below, Plaintiff's motion is

GRANTED IN PART.
I. Background
The Equal Access to Justice Act ("EAJA") provides that a
court shall award attorney's fees and costs to a prevailing party
in a civil action brought against the United States unless the
court finds that the position of the government was substantially
justified or that special circumstances make an award unjust.1
party who obtains a remand of a social security appeal pursuant

1

28 U.S.C. § 2412(d)(1)(A).

A

to the fourth sentence of Section (g) of the Social Security Act2
qualifies as a prevailing party for purposes of fees under the
EAJA.3

The prevailing party is entitled to fees unless the

government meets its burden of showing that its position was
substantially justified or that special circumstances make an
award unjust.4
In this case, Plaintiff appealed an adverse decision of the
Social Security Administration.

On September 24, 2013, the Court

entered judgment in favor of Plaintiff and remanded this case to
the Commissioner for further proceedings.5

Plaintiff now seeks

an award of attorney's fees under the EAJA in the amount of
$7,322.30, which represents 38.1 hours of work at a pay rate of
$183 per hour.

Plaintiff also seeks reimbursement of $350 in

filing fees.
The government does not contest that Plaintiff is the
prevailing party and entitled to an award of EAJA fees.

However,

the government argues that the pay rate used to calculate the
attorney's fees should be reduced to $160 per hour and the
allowable number of work hours should be reduced to 36.0 hours.

2

42 U.S.C. § 405(g).

3

Breaux v. U.S.D.H.H.S., 20 F.3d 1324 (5th Cir. 1994) (citing
Shalala v. Schaefer, 509 U.S. 292, 302 (1993)).
4

Baker v. Bowen, 839 F.2d 1075, 1080 (5th Cir. 1988).

5

Rec. Doc. 14 (Judgment entered in favor of Paulette A.
Robeaux against Social Security Administration).

2

II. Hourly Rate
Plaintiff seeks an award of attorney's fees calculated using
an hourly pay rate of $183 per hour.

The government argues that

this pay rate is excessive and urges the Court to instead apply a
pay rate of $160 per hour.
Under the EAJA, the amount of attorney's fees awarded 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."6

The district court has

discretion to increase this hourly rate beyond the statutory cap
in order to arrive at a reasonable rate for attorney's fees in a
particular market.7
In arguing for an applicable pay rate of $183 per hour,
Plaintiff contends that the Consumer Price Index ("CPI") cost of
living has increased from 152.40 in March of 1996, when the EAJA
and its $125 per hour provision became effective, to 223.109 in
December of 2012, when the majority of work was performed by
Plaintiff's counsel in this case.

Plaintiff argues that this

increase in CPI amounts to an adjusted pay rate of $183 per hour,
which should be applied here.
This Court has struck down similar arguments before, finding

6

28 U.S.C. § 2412(d)(2)(A).

7

Yoes v. Barnhart, 467 F.3d 426 (5th Cir. 1988).

3

that absent other circumstances, the original $125 per hour in
the EAJA reflected the maximum rate that could be awarded under
the statute.8

Thus, the CPI adjusted rate of $183 contemplates

the maximum rate that could be awarded today, rather than the
adjusted rate necessarily applicable to this market.9
The pay rate of $160 per hour, as suggested by the
government, is consistent with recent decisions in this district
concerning the reasonable hourly pay rate for attorney's fees
under the EAJA.10

Since Plaintiff has failed to justify a higher

rate, the Court finds that $160 per hour is a reasonable rate for
attorney's fees in this case.
III. Number of Hours Claimed
Plaintiff seeks an award of attorney's fees to compensate
for 38.1 hours worked.

In support of her motion, Plaintiff

submitted an itemization of the various tasks performed by
Plaintiff's counsel in this case which total 38.1 hours.11

The

government argues that this amount of hours claimed is excessive.

8

Roberts v. Astrue, No. 07-7444, 2010 WL 924287 (E.D. La. Mar.
9, 2010).
9

Id. (citing Baker v. Bowen, 839 F.2d 1075, 1084 (5th Cir.
1988) (holding that the increased rate may never exceed the
percentage by which the market rate has increased since the statute
was enacted)).
10

Grant ex rel. C.P. v. Colvin, No. 12-1306, 2013 WL 4508161
(E.D. La. Aug. 22, 2013) (awarding $160 per hour).
11

Rec. Doc. 15-2 ("Itemization of Time in Support of EAJA
Fees").

4

Specifically, the government argues that the following
activities should be eliminated from the fee calculation because
they either did not require their performance by an attorney or
were essentially clerical in nature: receipt and review of issued
Summonses (0.3 hours); letters to SSA, Attorney General, and U.S.
Attorney transmitting summons and complaint to each (0.8 hours);
receipt and review of executed service returns (0.6 hours);
prepare returns of service for SSA, Attorney General, and U.S.
Attorney (0.6 hours). The government also argues that the amount
of time claimed for these tasks is excessive.
The Court finds that the activities claimed by Plaintiff's
counsel are compensable by an award of attorney's fees under the
EAJA.

However, the Court finds that the 0.6 hours claimed for

receipt and review of executed service returns should be reduced
to 0.1 hours.
Accordingly;
IT IS ORDERED that Plaintiff's Motion for Attorney's Fees
Under the Equal Access to Justice Act (Rec. Doc. 15) is hereby
GRANTED IN PART, in that Plaintiff is awarded attorney’s fees in
the amount of $6,016.00, which is based on attorney time of 37.6
hours at a pay rate of $160 per hour.

In addition, Plaintiff is

awarded $350.00 for reimbursement of filing fees.
November 20, 2013
_______________________________
JAY C. ZAINEY
UNITED STATES DISTRICT JUDGE
5