Council v. Colvin

Filing 24

ORDER granting 22 Motion for Attorney Fees - Signed by Chief Judge James C. Dever III on 11/12/2014. (Tripp, S.)

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IN THE UNITED STATES DISTRICT COURT EASTERN DISTRICT OF NORTH CAROLINA SOUTHERN DIVISION 7:14-cv-00011-D WALLACE COUNCIL Plaintiff, V. CAROLYN W. COLVIN, Acting Commissioner of Social Security Defendant ) ) ) ) ) ) ) ) ) ORDER 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 submitted Application requests payment for 32.1 hours of work, amounting to a total of $6,092.90. 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 counsel concludes that the cost of living increase warrants a higher fee. 28 U.S.C. ยง 2412(d)(2)(A)(ii). The court will apply an hourly rate of$189.81. enhanced by the CPl. EAJ A fees will be pain to Jonathan P. Miller, Attorney at Law at counsel's address, 1213 Culbreth Drive, Wilmington, NC. Accordingly, Plaintiff is awarded $6,092.90 in attorney's fees to be paid directly to the attorney. SO ORDERED. This 11. day ofNovember 2014. Chief United States District Judge

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