Hunt v. Saul

Filing 34

MEMORANDUM AND ORDER motion is IT IS HEREBY ORDERED that Plaintiff Brandi R. Hunts Motion for Attorneys Fees pursuant to the Equal Access to Justice Act [ECF No. 32 ] is GRANTED. IT IS FURTHER ORDERED that Defendant Commissioner of Social Security Administration shall pay attorney fees under the Equal Access Justice Act in the amount of Six Thousand Five Hundred and Eighty-Two Dollars and Sixty-Three Cents ($6,582.63). IT IS FURTHER ORDERED that the award of attorney fees shall be made pa yable to Plaintiff Brandi R. Hunt, subject to any pre-existing debt that the Plaintiff owes the United States, and the check should be mailed to Plaintiffs counsel at David D. Camp, Access Disability LLC, 1215 Fern Ridge Parkway, Suite 101, St. Louis, Missouri 63141. Signed by Magistrate Judge Stephen R. Welby on 1/10/2022. (JMP)

Case: 4:20-cv-01882-SRW Doc. #: 34 Filed: 01/10/22 Page: 1 of 4 PageID #: 846

UNITED STATES DISTRICT COURT
EASTERN DISTRICT OF MISSOURI
EASTERN DIVISION
BRANDI R. HUNT,
Plaintiff,
v.
KILOLO KIJAKAZI,
Commissioner of Social Security
Administration,
Defendant.

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Case No. 4:20-CV-1882 SRW

MEMORANDUM AND ORDER
This matter is before the Court on Plaintiff Brandi R. Hunt’s Motion for Attorney’s Fees
pursuant to the Equal Access to Justice Act (“EAJA”), 28 U.S.C. § 2412. ECF No. 32. On
December 27, 2021, the Court reversed the Commissioner’s decision and remanded Plaintiff’s
case for further proceedings. ECF Nos. 30, 31. Plaintiff now seeks attorney’s fees in the amount
of Six Thousand Five Hundred and Eighty-Two Dollars and Sixty-Three Cents ($6,582.63). This
amount is based on multiplying 29.5 hours of attorney time by a rate of $223.14 per hour.
Plaintiff requests compensation at the statutory hourly rate of $125.00 plus a cost-of-living
adjustment, pursuant to 28 U.S.C. § 2412(d), for a total hourly fee of $223.14. Plaintiff requests
the award be made payable to her attorney, David D. Camp, based upon the ‘Fee Agreement and
Assignment’ that she previously executed. See ECF No. 32-3. She alternatively requests, if she
has an outstanding debt owed to the federal government, that the award be made payable to her
and mailed to her attorney.

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The Commissioner filed a response which states he has no objection to Plaintiff’s request
for attorney’s fees under the EAJA in the amount of $6,582.63 to be paid by the Social Security
Administration. ECF No. 33. The Commissioner’s response also states:
In addition, Plaintiff requests reimbursement for the $402.00 filing fee. The filing
fee is a cost which is distinguished from an expense under the EAJA, see 28
U.S.C. § 2412(a), and Defendant agrees that Plaintiff should be compensated for
the filing fee of $402.00 from the Judgment Fund administered by the United
States Treasury.
Id. Lastly, the Commissioner asserts “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.” Id.
The Court has reviewed Plaintiff’s Motion for Attorney’s Fees pursuant to the EAJA, and
concludes the statutory requirements are met. By Order and Judgment of Remand dated
December 27, 2021, the Court remanded this case to defendant Commissioner for further
proceedings pursuant to sentence four of 42 U.S.C. § 405(g). ECF Nos. 30, 31. A claimant
seeking judicial review of a final decision denying Social Security disability benefits may
recover attorney’s fees if he or she receives a “sentence four” remand. See Shalala v. Schaefer,
509 U.S. 292, 295-96 (1993).
Attorney’s fees may not be awarded in excess of $125.00 per hour – the maximum
statutory rate under § 2412(d)(2)(A) – unless the Court finds that an increase in the cost of living
or a special factor such as the limited availability of qualified attorneys justifies a higher fee. 28
U.S.C. § 2412(d)(2)(A). The decision to increase the hourly rate is not automatic and remains at
the discretion of the district court. McNulty v. Sullivan, 886 F.2d 1074 (8th Cir. 1989). The
hourly rate should be increased, however, where there is “uncontested proof of an increase in the
cost of living sufficient to justify hourly attorney’s fees of more than [$125] per hour,” such as
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the Consumer Price Index. Johnson v. Sullivan, 919 F.2d 503, 504-505 (8th Cir. 1990). In this
case, Plaintiff has presented uncontested evidence of an increase in the cost of living. ECF Nos.
32-2 at 5, 32-4. The Court agrees with Plaintiff that a cost-of-living increase is appropriate as
requested.
As Plaintiff prevailed and is not otherwise precluded from receiving attorney fees, the
Court finds she is entitled to attorney fees in the amount of Six Thousand Five Hundred and
Eighty-Two Dollars and Sixty-Three Cents ($6,582.63). Despite Plaintiff’s request for the Court
to make the fee payable directly to her attorney, as an assignee, the Court must instead make the
fee payable to Plaintiff as the litigant. See Astrite v. Ratliff, 560 U.S. 586, 593 (2010) (holding
EAJA fees are payable to the prevailing party and may be subject to offset to satisfy any preexisting debt owed to the United States); see also Johnson v. Colvin, No. 4:11-CV-1599 AGF,
2013 WL 5567711, at *1 (E.D. Mo. Oct. 9, 2013) (“The Court understands Ratliff to require that
the EAJA award be made directly to Plaintiff.”); Madison v. Astrue, No. 4:11-CV-238-TIA, 2012
WL 2919135, at *1 (E.D. Mo. July 17, 2012) (providing award of attorney fees directly to the
plaintiff despite the execution of an assignment agreement) (citing Sumpter v. Astrue, No. 2:10CV-35-AGF, 2012 WL 88088, at *1 (E.D. Mo. Jan. 11, 2012)).
The Court notes Defendant’s Response incorrectly states that Plaintiff also seeks
reimbursement of the filing fee in the amount of $402.00. Plaintiff does not make such a request
in her Motion for Attorney’s Fees. To the contrary, on the same date Plaintiff filed her complaint,
she also filed a motion to proceed in this action without prepayment of fees or costs. ECF No. 2.
On December 30, 2020, the Court determined Plaintiff was unable to pay the filing fee and granted

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her leave to proceed in forma pauperis. Because Plaintiff has not paid a filing fee in this action,
no reimbursement can be awarded.
Accordingly,
IT IS HEREBY ORDERED that Plaintiff Brandi R. Hunt’s Motion for Attorney’s Fees
pursuant to the Equal Access to Justice Act [ECF No. 32] is GRANTED.
IT IS FURTHER ORDERED that Defendant Commissioner of Social Security
Administration shall pay attorney fees under the Equal Access Justice Act in the amount of Six
Thousand Five Hundred and Eighty-Two Dollars and Sixty-Three Cents ($6,582.63).
IT IS FURTHER ORDERED that the award of attorney fees shall be made payable to
Plaintiff Brandi R. Hunt, subject to any pre-existing debt that the Plaintiff owes the United States,
and the check should be mailed to Plaintiff’s counsel at David D. Camp, Access Disability LLC,
1215 Fern Ridge Parkway, Suite 101, St. Louis, Missouri 63141.
So Ordered this 10th day of January, 2022.

/s/ Stephen R. Welby

STEPHEN R. WELBY
UNITED STATES MAGISTRATE JUDGE

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