Patsios v. Colvin

Filing 36

MEMORANDUM AND ORDER regarding Plaintiff's MOTION for Attorney Fees 32 filed by Debra D. Patsios. The plaintiff's motion for attorney fees (filing 32) is granted. By separate document, the Court shall enter judgment for plaintiff and against defendant providing that plaintiff is awarded attorney fees of $5,251.12. Ordered by Judge John M. Gerrard. (SLP)

IN THE UNITED STATES DISTRICT COURT
FOR THE DISTRICT OF NEBRASKA
DEBRA D. PATSIOS,
Plaintiff,

4:13-CV-3134

vs.
MEMORANDUM AND ORDER
CAROLYN W. COLVIN, Acting
Commissioner of the Social Security
Administration,
Defendant.
This matter is before the Court upon the plaintiff's motion for attorney
fees (filing 32) pursuant to the Equal Access to Justice Act, 28 U.S.C. §
2412(d). Plaintiff has requested fees in the amount of $5,318.60, representing
28 hours of work at $189.95 an hour.1 Defendant does not object to this
request. Filing 35.
The Court has determined that the plaintiff was the prevailing party in
this action, as this case was remanded to the Commissioner for further
action. The Court further finds that the position of the Commissioner was not
substantially justified, for the reasons set forth in the Court's previous
Memorandum and Order (filing 30). See Koss v. Sullivan, 982 F.2d 1226 (8th
Cir. 1993). Finally, the Court finds that the motion for fees was filed in a
timely fashion, and that the fees the parties have agreed to are reasonable—
with a slight modification. Plaintiff's arithmetic is a bit off, and the properly
calculated hourly rate in this case is $187.54 an hour, resulting in a total
award of $5,251.12.2 Plaintiff is entitled to an award of attorney fees in that
amount. Therefore,
IT IS ORDERED:

Plaintiff has presented uncontested evidence that a cost-of-living increase is warranted
(filing 33-4). See, § 2412(d)(2)(A)(ii); Johnson v. Sullivan, 919 F.2d 503, 505 (8th Cir. 1990).
1

Plaintiff calculated the difference between the consumer price index for March 1996
(155.7) and July 2015 (233.596) as 80.896. Filing 34 at 6. In fact, the difference between
these figures is 77.896.
2

1.

The plaintiff's motion for attorney fees (filing 32) is
granted.

2.

By separate document, the Court shall enter judgment for
plaintiff and against defendant providing that plaintiff is
awarded attorney fees of $5,251.12.

Dated this 19th day of June, 2015.
BY THE COURT:
John M. Gerrard
United States District Judge

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