Williams v. Colvin

Filing 22

MEMORANDUM AND ORDER granting 20 Motion for Attorney Fees. Fees to be paid by the Social Security Administration are awarded in the amount of $3,546.80 and are payable to the plaintiff as the litigant and may be subject to offset to satisfy any pre-existing debt owed to the United States. Ordered by Senior Judge Joseph F. Bataillon. (ADB)

IN THE UNITED STATES DISTRICT COURT
FOR THE DISTRICT OF NEBRASKA
TILO'E C. WILLIAMS,
Plaintiff,

8:16CV60

vs.
MEMORANDUM AND ORDER
CAROLYN W. COLVIN, Commissioner of
Social Security;
Defendant.

This matter is before the Court on plaintiff’s motion for attorney fees.

Filing No.

20. Plaintiff is the prevailing party in this case, as this Court awarded him benefits.
Filing No. 18. Pursuant to The Equal Access to Justice Act (EAJA), 28 U.S.C. § 2412,
the plaintiff requests attorney fees.
The EAJA provides for attorney fees in the amount of $125.00 per hour for
actions filed after March 29, 1996. The act provides that the hourly rate can be adjusted
upwards pursuant to cost of living increases, (COLA). The current consumer price index
is $241.00. (See Filing No. 20-2, Ex. B). The consumer price index as of December
2015, was $236.00. The consumer price index as of March 29, 1996, was $155.70.
Plaintiff moves for $3,558.10 dollars for fees. See Filing No. 20-1, Ex. A (hourly
rate of $189.00, adjusted upwards for COLA, for 1.1 hours of work performed in
December of 2015, or $207.90, and a $193.00 rate or $3,350.20 for 17.4 hours of work
done in 2016). The Commissioner does not dispute that plaintiff is entitled to fees in
this case. The only dispute is the amount of fees that the Court should award to the
plaintiff.

The Commissioner contends that plaintiff made a miscalculation on the math

involved in his computation in terms of the number of hours requested, and he is

entitled to nearly $20.00 less than requested. The Commissioner states that plaintiff
“miscalculates the subtotal for work performed in 2016, which should be $3,338.90,
rather than the stated $3,358.20. Accordingly, the total fee award should be $3,546.80,
rather than the $3,566.10 in plaintiff’s motion (Filing 20; Filing 20 at 2). Defendant has
no objection to an award of $3,546.80 in attorney fees under the EAJA.” Filing No. 21,
at 1.
Plaintiff further requests that the fee be paid directly to counsel, pursuant to their
fee agreement. Filing No. 20-3, Ex. C.
The Court has carefully reviewed the motion and finds that the motion should be
granted.

The plaintiff is the prevailing party. The hourly rates are reasonable in this

community. Counsel is experienced and achieved positive results for his client. The
hours expended are reasonable. However, the Court agrees with the Commissioner
that the math calculation appears to be off by $20.00.
THEREFORE, IT IS ORDERED THAT:
1. Plaintiff’s motion for attorney fees is granted. Filing No. 20.
2. Fees to be paid by the Social Security Administration are awarded in the
amount of $3,546.80 and are payable to the plaintiff as the litigant and may be subject
to offset to satisfy any pre-existing debt owed to the United States.

Dated this 14th day of November, 2016
BY THE COURT:
s/ Joseph F. Bataillon
Senior United States District Judge

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