Stoker v. Berryhill

Filing 37

ORDER granting Pltf's 36 Motion for Attorney Fees pursuant to EAJA. Signed by Magistrate Judge W. Carleton Metcalf on 3/05/2021. (ejb)

IN THE UNITED STATES DISTRICT COURT
FOR THE WESTERN DISTRICT OF NORTH CAROLINA
STATESVILLE DIVISION
5:17-cv-00111-WCM
TIMOTHY CURTIS STOKER,

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Plaintiff,
v.
ANDREW SAUL,
Acting Commissioner of the Social
Security Administration,
Defendant.
_______________________________

ORDER

This matter is before the Court on Plaintiff’s Motion for Attorney’s Fees
Pursuant to the Equal Access to Justice Act (the “Motion,” Doc. 36).
Under the Equal Access to Justice Act (“EAJA”), the Court must award
attorney’s fees to a prevailing party (other than the United States) in a civil
action brought against the United States unless the Court finds that the
Government’s position

was

“substantially

justified” or that “special

circumstances” would make such an award unjust. 28 U.S.C. § 2412(d)(1)(A).
Because the Court ordered that this case be remanded to the Social Security
Administration, Plaintiff is properly considered a “prevailing party” in this
action. See Shalala v. Schaefer, 509 U.S. 292, 302, 113 S.Ct. 2625, 2635, 125
L.Ed.2d 239 (1993); Docs. 33 & 34 (remanding case pursuant to judgment and
mandate of the United States Court of Appeals for the Fourth Circuit).
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An award of attorney’s fees under the EAJA must be “reasonable.” 28
U.S.C. § 2412(A). It is within the Court’s discretion to award attorney’s fees
above the statutory hourly rate. See Payne v. Sullivan, 977 F.2d 900, 903 (4th
Cir. 1992).
A Certification of Consultation attached to the Motion indicates that the
Defendant has no objection to the Motion. Doc. 36-4. Additionally, an
Affirmation executed by Plaintiff’s counsel provides that although attorney
fees in this matter (including appeal to the Fourth Circuit) total $17,403.23,
“the parties agreed informally to fees of $15,600.00.” Doc. 36-5 at 4. Further,
it appears that the fees in Plaintiff’s case (before the agreed reduction) were
calculated using various hourly rates ranging from $193.70 per hour to $205.62
per hour. Id. at 2-3. Courts in this district have approved similar rates. See
Ashcraft v. Berryhill, No. 3:13-CV-00417-RLV-DCK, 2017 WL 2273155, at *1
(W.D.N.C. May 24, 2017) (“Plaintiff is entitled to an award of attorney’s fees
under the EAJA at the requested rate of $189.87 per hour”); Stacy v. Saul, No.
3:18-cv-279-MR-WCM, Doc. 24 (Jan. 29, 2020), United States District Court,
Western District of North Carolina, Charlotte Division (allowing hourly rates
of $201.58 for work performed in 2018 and $205.23 for work performed in
2019). Plaintiff’s counsel has also submitted a summary of time spent on this
civil action, including on appeal. Doc. 36-6. After review and consideration of
the Motion, supporting documents, and applicable authority, the Court finds
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that the amount sought is reasonable.
Additionally, Plaintiff’s counsel requests costs in the amount of $936.90,
“reflecting an agreement on how much should be paid for the federal court
filing fees and printing costs.” Doc. 36-5 at 4. Although the definition of “fees
and expenses” under the EAJA does not include filing fees, see 28 U.S.C. §
2412(d)(2)(A), fees of the Clerk may be taxed as costs under 28 U.S.C. § 1920,
and the cost statute is expressly incorporated into § 2412(a)(1).1 Based on the
documents attached to the Motion, it appears that Plaintiff has expended
$400.00 in filing fees in this court, and $505.00 in filing fees with respect to
Plaintiff’s Notice of Appeal. Doc. 36-3 at 2. With respect to the remaining costs,
it appears that printing costs totaled $2,076.96, and therefore the request for
only an additional $31.90 (above the filing fees) represents a significant
discount. Considering that the parties have reached an agreement with respect
to an award of $936.90 in costs, the undersigned will allow an award in that
amount.

“Except as otherwise specifically provided by statute, a judgment for costs, as
enumerated in section 1920 of this title ... may be awarded to the prevailing party in
any civil action brought by or against the United States or any agency or any official
of the United States acting in his or her official capacity in any court having
jurisdiction of such action.” 28 U.S.C. § 2412(a)(1). While an award of attorney fees
under the EAJA is paid by the Social Security Administration, see § 2412(d)(4), an
award of costs is paid from the Judgment Fund administered by the U.S. Department
of the Treasury. See 31 U.S.C. § 1304.
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IT IS THEREFORE ORDERED THAT:
(1)

Plaintiff’s Motion for Attorney’s Fees Pursuant to the Equal Access
to Justice Act (the “Motion,” Doc. 36) is GRANTED and
a. Plaintiff is awarded attorney’s fees in the amount of $15,600.00
(“Fee Award”) and
b. Plaintiff is awarded $936.90 in costs pursuant to 28 U.S.C.
§2412(a)(1).

(2)

As EAJA fees belong to the litigant and are subject to offset under
the Treasury Offset Program, see Astrue v. Ratliff, 560 U.S. 586,
589 (2010), the Fee Award shall be paid by Defendant as follows:
a. If Plaintiff has federal debt registered with the
Department of the Treasury that may be offset by the Fee
Award, such amount of the Fee Award as is necessary to
satisfy Plaintiff’s federal debt shall be so used, up to and
including the entire amount of the Fee Award.

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b. The remaining balance of the Fee Award after application
of the offset, if any, described above shall be delivered by
Defendant to Plaintiff’s counsel on behalf of Plaintiff.

Signed: March 5, 2021

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