Langevin v. Colvin

Filing 34

ORDER granting 33 Motion for Attorney Fees. Plaintiff is awarded $5,941.00 in attorney's fees to be paid directly to theattorney. Signed by District Judge Terrence W. Boyle on 2/20/2015. (Marsh, K)

IN THE UNITED STATES DISTRICT COURT
EASTERN DISTRICT OF NORTH CAROLINA
SOUTHERN DIVISION
7: 13-cv-00065-BO

PATRICIA ANN LANGEVIN
Plaintiff,

v.
CAROLYNW. COLVIN,
Acting Commissioner of
Social Security
Defendant

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ORDER FOR EAJA FEES

This matter is before the Court on Plaintiffs Application for Attorney's Fees and
Expenses under the Equal Access to Justice Act (EAJA). Plaintiff was the prevailing party in an
action to review the final decision of the Social Security Administration, and the Defendants
have shown no substantial evidence to deny EAJA fees.
Plaintiffs revised Application requests payment for 31.3 hours of work, amounting to a
total of $5,941.00. Plaintiff arrives at that fee by relying on the Consumer Price Index ("CPI") to
enhance the $125 hourly rate provided by the 1996 reenactment of the EAJA to a rate of
$189.81.
The Court finds that counsel's hours as detailed in his Application are reasonable.
Pursuant to the EAJA, the Court concludes that the cost of living increase warrants a higher fee.
28 U.S.C. § 2412(d)(2)(A)(ii). The Court will apply an hourly rate of$189.81 enhanced by the
CPl.
EAJA fees will be pain to Jonathan P. Miller, Attorney at Law at counsel's address, 1213
Culbreth Drive, Wilmington, NC 28405.

Accordingly, Plaintiff is awarded $5,941.00 in attorney's fees to be paid directly to the
attorney.

SOORDERED,thisAdayof

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BY:-1-~~y~~---J~~~~