Jones v. Social Security Administration
Filing
22
ORDER AND REASONS: IT IS ORDERED that the 17 motion is GRANTED in part and DENIED in part, as set forth in document. Defendant shall pay $3,937.50 in attorney's fees to Plaintiff. Signed by Judge Ivan L.R. Lemelle on 8/3/2018. (jls)
UNITED STATES DISTRICT COURT
EASTERN DISTRICT OF LOUISIANA
VALINSIA JONES
CIVIL ACTION
VERSUS
NO. 17-5324
NANCY BERRYHILL, ACTING
COMMISSIONER OF SOCIAL SECURITY
SECTION “B”(2)
ORDER AND REASONS
Plaintiff Valinsia Jones filed a “Petition for Attorney’s
Fees.”
Rec.
Commissioner
Doc.
of
the
17.
Defendant
Social
Security
Nancy
Berryhill,
Administration,
Acting
filed
an
opposition. Rec. Doc. 21. For the reasons discussed below,
IT IS ORDERED that the motion is GRANTED in part and DENIED
in part. Defendant shall pay $3,937.50 in attorney’s fees to
Plaintiff.1
LAW AND ANALYSIS
In March 2018, the Court adopted the Magistrate Judge’s Report
and Recommendation, remanding Plaintiff’s claim to the Social
Security Administration for further proceedings. See Rec. Doc. 15
(adopting Rec. Doc. 14). Plaintiff now seeks an award of attorney’s
fees under the Equal Access to Justice Act (EAJA). Rec. Doc. 17.
Defendant does not dispute (1) that Plaintiff is entitled to an
award of attorney’s fees or (2) the number of hours requested by
1
This represents 19.5 hours spent working on Plaintiff’s case,
plus 3 hours preparing the motion for attorney’s fees, for a total
of 22.5 hours, at $175.00 per hour.
1
Plaintiff. See Rec. Doc. 21 at 4. The pending motion presents two
questions, what hourly rate applies and whether the fees are
payable to Plaintiff or Plaintiff’s attorney?
First, fees awarded under EAJA are paid to the prevailing
litigant, not his or her attorney, regardless of whether the
litigant has agreed to assign those fees to his or her attorney.
See Astrue v. Ratliff, 560 U.S. 586, 591-93 (2010); Jackson v.
Astrue, 705 F.3d 527, 530-31 (5th Cir. 2013); Wigginton v. SSA,
No. 15-6694, 2017 WL 3065110, at *3 (E.D. La. July 19, 2017).
Second, a reasonable hourly rate for Plaintiff’s attorney’s
work is $175.00 per hour. See Curvey v. Berryhill, No. 17-0078,
2018 WL 3533590, at *1-2 (E.D. La. July 23, 2018); Wigginton, 2017
WL 3065110, at *3; Kolb v. Colvin, No. 13-5085, 2016 WL 258621, at
*2-3 (E.D. La. Jan. 21, 2016). With the exception of 4.25 hours
billed in 2018, Plaintiff’s attorney billed for work completed in
2017. See Rec. Doc. 17-1 at 1-2. Another section of this Court
recently awarded EAJA attorney’s fees at a rate of $175.00 per
hour for almost identical work completed in 2017 and 2018. See
Curvey, 2018 WL 3533590, at *1-2. Plaintiff has not provided a
persuasive reason to reach a different conclusion here.
EAJA “clearly allows an adjustment [in the attorney fee rate]
for changes in the cost of living, [but] it does not absolutely
require it.” Baker v. Bowen, 839 F.2d 1075, 1084 (5th Cir. 1988).
“[R]ates should be increased only to the extent necessary to ensure
2
an adequate source of representation and should never exceed the
percentage by which the market rate attorneys’ fees have increased
since the statute was enacted in 1981.” Id. Plaintiff does not
address these considerations in the motion seeking an award of
attorney’s fees, further weighing in favor of awarding fees at the
prevailing rate of $175.00 per hour. See Curvey, 2018 WL 3533590,
at *1-2 & n. 2; see also Baker, 839 F.2d at 1085 (emphasizing the
goal that attorney’s fee rates be consistent within geographic
areas).
New Orleans, Louisiana, this 3rd day of August, 2018.
___________________________________
SENIOR UNITED STATES DISTRICT JUDGE
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