Black v. Commissioner of Social Security
Filing
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REPORT AND RECOMMENDATION THAT: (1) PLAINTIFFS UNOPPOSED MOTION FOR AN AWARD OF ATTORNEYS FEES UNDER THE EQUAL ACCESS TO JUSTICE ACT (EAJA) (DOC. 16 ) BE GRANTED; AND (2) PLAINTIFF BE AWARDED $10,277.50 IN EAJA FEES. Objections to R&R due by 7/8/2016. Signed by Magistrate Judge Michael J. Newman on 6/20/2016. (srb)
IN THE UNITED STATES DISTRICT COURT
FOR THE SOUTHERN DISTRICT OF OHIO
WESTERN DIVISION AT DAYTON
YVETTE BLACK,
Plaintiff,
Case No.: 3:14-cv-292
vs.
COMMISSIONER OF
SOCIAL SECURITY,
District Judge Walter H. Rice
Magistrate Judge Michael J. Newman
Defendant.
REPORT AND RECOMMENDATION1 THAT: (1) PLAINTIFF’S UNOPPOSED MOTION
FOR AN AWARD OF ATTORNEY’S FEES UNDER THE EQUAL ACCESS TO JUSTICE
ACT (“EAJA”) (DOC. 16) BE GRANTED; AND (2) PLAINTIFF BE AWARDED $10,277.50
IN EAJA FEES
This case is before the Court on Plaintiff’s motion for attorney’s fees under the Equal
Access to Justice Act (“EAJA”), 28 U.S.C. § 2412(d), requesting attorney’s fees in the amount of
$10,277.50. Doc. 16. The Commissioner did not file any opposition to counsel’s motion for fees
and, therefore, the Court deems the motion unopposed. The undersigned has carefully considered
Plaintiff’s unopposed motion and the attachments thereto, and the motion for attorney’s fees is now
ripe for decision.
EAJA provides for an award of attorney’s fees to a party who prevails in a civil action
against the United States “when the position taken by the Government is not substantially justified
and no special circumstances exist warranting a denial of fees.” Bryant v. Comm’r of Soc. Sec., 578
F.3d 443, 445 (6th Cir. 2009) (citing 28 U.S.C. § 2412(d)(1)(A)). A party who prevails and obtains
a Sentence Four remand is a prevailing party for EAJA purposes. See Shalala v. Schaefer, 509 U.S.
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Attached hereto is a NOTICE to the parties regarding objections to this Report and
Recommendation.
292, 301-02 (1993). EAJA fees are payable to the litigant. Astrue v. Ratliff, 586 U.S. 586, 589
(2010).
Without dispute, Plaintiff is the prevailing party in this case for EAJA purposes and,
therefore, is entitled to an award of attorney’s fees under EAJA. See Shalala, 509 U.S. at 301-02.
Plaintiff’s counsel advises the Court that he and his staff worked at total of 58.49 hours on this case
-- a total time not challenged by the Commissioner. Doc. 16-2 at PageID 507. At the requested
amount of $10,277.50, this calculates as $175.71 per hour -- an hourly rate that is not challenged by
the Commissioner. Having reviewed the time sheet entries submitted by Plaintiff’s counsel and
considering the nature of the work counsel performed in this case, the Court finds both the hourly
fee and the time expended reasonable. Accordingly, Plaintiff is entitled to an EAJA fees award in
the amount of $10,277.50.
III.
Based upon the foregoing analysis, IT IS THEREFORE RECOMMENDED THAT:
1.
2.
Plaintiff be AWARDED the sum of $10,277.50 in EAJA fees; and
3.
Date:
Plaintiff’s unopposed motion for an EAJA fee award (doc. 16) be GRANTED;
As no further matters remain pending for review, this case remains
TERMINATED upon the Court’s docket.
June 20, 2016
s/ Michael J. Newman
Michael J. Newman
United States Magistrate Judge
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NOTICE REGARDING OBJECTIONS
Pursuant to Fed. R. Civ. P. 72(b), any party may serve and file specific, written objections to
the proposed findings and recommendations within FOURTEEN days after being served with this
Report and Recommendation.
Pursuant to Fed. R. Civ. P. 6(d), this period is extended to
SEVENTEEN days because this Report and Recommendation is being served by one of the
methods of service listed in Fed. R. Civ. P. 5(b)(2)(C), (D), (E), or (F), and may be extended further
by the Court on timely motion for an extension. Such objections shall specify the portions of the
Report and Recommendation objected to, and shall be accompanied by a memorandum of law in
support of the objections. If the Report and Recommendation is based in whole or in part upon
matters occurring of record at an oral hearing, the objecting party shall promptly arrange for the
transcription of the record, or such portions of it as all parties may agree upon or the Magistrate
Judge deems sufficient, unless the assigned District Judge otherwise directs. A party may respond
to another party’s objections within FOURTEEN days after being served with a copy thereof. As
is made clear above, this period is likewise extended to SEVENTEEN days if service of the
objections is made pursuant to Fed. R. Civ. P. 5(b)(2)(C), (D), (E), or (F). Failure to make
objections in accordance with this procedure may forfeit rights on appeal. See Thomas v. Arn, 474
U.S. 140, 153-55 (1985); United States v. Walters, 638 F.2d 947, 949-50 (6th Cir. 1981).
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