Muccigrosso v. Commissioner Social Security Administration

Filing 21

Opinion and Order: Plaintiff's Application for Fees Pursuant to EAJA 17 is Granted. Signed on 10/9/2015 by Judge Michael J. McShane. (cp)

IN THE UNITED STATES DISTRICT COURT
FOR THE DISTRICT OF OREGON
DONALD MUCCIGROSSO,
Plaintiff,
v.

Civ. No. 3:14-cv-01370-MC
OPINION AND ORDER

CAROLYN W. COLVIN,
Acting Commissioner of the Social Security
Administration,
Defendant.

MCSHANE, Judge:
Plaintiff Donald Muccigrosso filed this motion for attorney fees, ECF No. 17, in the
amount of$3,301.19 under the Equal Access to Justice Act (EAJA), 28 U.S.C. § 2412(d). For
the reasons set forth below, plaintiffs motion, ECF No. 17, is GRANTED.
Under the EAJA, this Court "shall award to a prevailing party other than the United
States fees and other expenses ... incurred by that party in any civil action ... unless [this
Court] finds that the position of the United States was substantially justified or that special
circumstances make an award unjust." 28 U.S.C. § 2412(d)(l)(A); Meier v. Colvin, 727 F.3d
867, 870 (9th Cir. 2013). If attorney fees are appropriate, this Court must then determine whether
the amount of fees requested is reasonable. See, e.g., Hensley v. Eckerhart, 461 U.S. 424,433
(1983).
-Because defendant stipulates that plaintiff is entitled to attorney fees, this Court's inquiry
_ is limited to the reasonableness of plaintiffs petition. Under the EAJ A, an award of attorney fees
1 -OPINION AND ORDER

is limited to $125.00 per hour "unless the court determines that an increase in the cost of living or ·
a special factor, such as the limited availability of qualified attorney for the proceeding involved,
justifies a higher fee." 28 U.S.C. § 2412(d)(2)(A) (emphasis added); see also Thangaraja v.
Gonzales, 428 F.3d 870, 876 (9th Cir. 2005) ("EAJA provides for an upward adjustment ...

based on cost~of~living~expenses." (citations omitted)). The cost~of~living adjustment is
determined by multiplying the base EAJA rate ($125.00) by the current Consumef' Price In&~x
for all Urban Consumers

(CPI~U)

and then dividing the product by the

CPI~U

in the month that

the cap was imposed.Id at 877; Sorenson v. Mink, 239 F.3d 1140, 1148 (9th Cir. 2001).
Pursuant to these cost~of~living calculations, 1 plaintiff is awarded fees at the hourly rate
of$190.06 for 2 hours of work performed by counsel in 2014 and $189.68 for 15.40 hours of
work performed by counsel in 2015. Accordingly, ·plaintiff is awarded attorney fees in the
amount of$3,301.19. 2

IT IS SO ORDERED.

DATED this 9th day of October, 2015.

Michael J. McShane
United States District Judge

1

Plaintiffs hourly rates are consistent with the "statutory maximum rates" under the EAJA. See, e.g, Unites States
Courts for the Ninth Circuit, Statutory Maximum Rates Under the Equal Access to Justice Act,
http://www.ca9.uscourts.gov/content/view.php?pk_id=0000000039 (last visited Oct 9, 2015).
2
Payment of this award shall be paid to plaintiff's attorney Merrill Schneider upon verification that plaintiff has no
debt that qualifies for offset against awarded fees. See Astrue v. Ratliff, 560 U.S. 586, 589-90 (2010). If plaintiff has
no such debt, then the check shall be made out to plaintiffs attorney M'errill Schneider and mailed to Mr. Schneider
at P.O. Box 14490, Portland, OR 97293. If plaintiff has such debt, then the check for any remaining funds after
offset of the debt shall be made out to plaintiff and mailed to plaintiffs attorney at the address stated aboVe.

2 - OPINION AND ORDER