Reynolds v. Colvin

Filing 9

STRICKEN-MEMORANDUM AND ORDER - The plaintiff's motion for attorney fees under the Equal Access to Justice Act, ECF No. 23 , is granted, and the plaintiff is awarded attorney's fees in the amount of $2,351.52. This amount is to be paid directly to the plaintiff by the Social Security Administration. Ordered by Senior Judge Warren K. Urbom. (MKR) Modified on 3/3/2014 to strike per Order 10 (MKR).

IN THE UNITED STATES DISTRICT COURT
FOR THE DISTRICT OF NEBRASKA
KATRINA EVANS,
Plaintiff,

8:12CV335

vs.
CAROLYN W. COLVIN, Acting
Commissioner of the Social Security
Administration;

MEMORANDUM AND ORDER ON
PLAINTIFF’S MOTION FOR
ATTORNEY FEES UNDER THE
EQUAL ACCESS TO JUSTICE ACT

Defendant.

On February 20, 2014, the plaintiff, Katrina Evans, filed a motion for
attorney fees under the Equal Access to Justice Act (EAJA), 28 U.S.C. ' 2412(d).
(See ECF No. 23.) Evans requests a fee award in the amount of $2,351.52, based
on 12.91 hours of work at a rate of $186.88 and $186.68 per hour. (Id. at 2.) The
defendant1 does not object to Evans= request. (Def.=s Response at 1, ECF No. 24.)
The EAJA authorizes an award of Afees and other expenses@ to a Aprevailing
party@ in a case against the United States, Aunless the court finds that the position
of the United States was substantially justified or that special circumstances make
an award unjust.@ 28 U.S.C. ' 2412(d)(1)(A). I find that Evans is a Aprevailing
party@ within the meaning of the EAJA; that the defendant=s position was not
Asubstantially justified@; that there are no special circumstances that make an award
unjust; that Evans’ counsel=s devotion of 12.91 hours of work to this case was
reasonable; and that counsel=s request for an hourly rate of $186.68 and $186.88,
which is supported by uncontested evidence of an increase in the cost of living

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Carolyn W. Colvin has been appointed to serve as Acting Commissioner of
the Social Security Administration, and in accordance with Federal Rule of Civil
Procedure 25(d), she is Aautomatically substituted as a party@ in place of Michael J.
Astrue.

since March 1996, is reasonable. See 28 U.S.C. ' 2412(d)(2)(A)(ii); Johnson v.
Sullivan, 919 F.2d 503, 505 (8th Cir. 1990) (AWe hold that where, as here, an
EAJA petitioner presents uncontested proof of an increase in the cost of living
sufficient to justify hourly attorney=s fees of more than [the amount specified in the
EAJA], enhanced fees should be awarded.@). (See also Evans’ Motion for
Attorney’s Fee, ECF No. 23.) Evans’ request for attorney fees in the amount of
$2,351.52 is granted. In accordance with Astrue v. Ratliff, 560 U.S. 586, 589, 130
S. Ct. 2521, 2524 (2010), this Aaward is payable to the litigant.@
IT IS ORDERED that the plaintiff=s motion for attorney fees under the
Equal Access to Justice Act, ECF No. 23, is granted, and the plaintiff is awarded
attorney=s fees in the amount of $2,351.52. This amount is to be paid directly to the
plaintiff by the Social Security Administration.
Dated March 3, 2014.
BY THE COURT:

_______________________________
Warren K. Urbom
United States Senior District Judge

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