Anderson v. Social Security Administration

Filing 25

ORDER granting 23 Motion for Attorney Fees. Defendant is hereby ordered to pay attorneys' fees to plaintiff in the amount of $6,632.50. Signed by Judge Helen G. Berrigan on 12/16/2015. (kac)

UNITED STATES DISTRICT COURT
EASTERN DISTRICT OF LOUISIANA
GLORIA ANDERSON
O/B/O K.C.

CIVIL ACTION

VERSUS

NO. 14-1831

CAROLYN W. COLVIN,
ACTING COMMISSIONER OF SOCIAL
SECURITY ADMINISTRATION

SECTION “C” (5)

ORDER
Before the Court is plaintiff’s unopposed motion for attorneys’ fees pursuant to the Equal
Access to Justice Act (“EAJA”). See Rec. Doc. 23; 28 U.S.C. § 2412. Plaintiff has provided a
detailed activity log reflecting a total of 37.90 hours worked and seeks to recover at an hourly rate
of $175.00. See Rec. Doc. 23-2.
The EAJA provides that a court shall award attorneys’ fees and costs to a party prevailing
in a civil action against the United States unless the court has made a finding that the position of
the United States was substantially justified or that there are special circumstances that make an
award unjust. See 28 U.S.C. § 2412(d)(1)(A). Plaintiff is a prevailing party under 28 U.S.C.
§ 2412(d)(1)(A). See Breaux v. U.S.D.H.H.S., 20 F.3d 1324 (5th Cir. 1994). Neither the Courtadopted Report and Recommendation nor judgment in favor of plaintiff found that the position of
the United States in this case was substantially justified. See Rec. Docs. 20–22. The Court is
unaware of any special circumstances making an award of attorneys’ fees in this case unjust.
The Court finds that the plaintiff has presented an adequate description of hours worked.
Furthermore and following recent decisions within this District Court that have approved upward
adjustments from the statutory rate of $125, the Court finds that the requested hourly rate of $175
is appropriate in this district. See e.g., Joiner v. Colvin, Civ. A. No. 14-1315 (E.D.La. Oct. 23,

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2015) (J. Morgan) (approving $175 rate), J.M. v. S.S.A., Civ. A. No. 14-079 (E.D.La. Oct. 21,
2015) (J. Milazzo) (same), and Hallaron v. Colvin, Civ. A. No. 12-2051 (E.D.La. Jul. 1, 2015) (J.
Vance) (same). As such, the Court approves of an EAJA award of $6,632.50 (37.90 hours
multiplied by $175).
The Court notes that the award is payable to plaintiff and not plaintiff’s attorney. See
Joiner, Civ. A. No. 14-1315.
Accordingly,
IT IS ORDERED that plaintiff’s motion is GRANTED and defendant is hereby ordered
to pay attorneys’ fees to plaintiff Gloria Anderson o/b/o K.C. in the amount of $6,632.50 (37.90
hours at $175 per hour).
New Orleans, Louisiana, this 16th day of December, 2015.

____________________________________
HELEN G. BERRIGAN
UNITED STATES DISTRICT JUDGE

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