Hippler v. Commissioner Social Security Administration
Filing
34
OPINION AND ORDER: Granting Application for Fees Pursuant to EAJA 30 .Signed on 7/27/2015 by Judge Michael J. McShane. (cp)
IN THE UNITED STATES DISTRICT COURT
FOR THE DISTRICT OF OREGON
DION WAYNE HIPPLER,
Plaintiff,
Civ. No. 6:14-cv-00853-MC
OPINION AND ORDER
V.
CAROLYN W. COLVIN,
Acting Commissioner of the Social Security
Administration,
Defendant.
MCSHANE, Judge:
PlaintiffDion Hippler filed this stipulated motion for attorney fees, ECF No. 30, in the
amount of $5,764.64 under the Equal Access to Justice Act (EAJA), 28 U.S.C. § 2412(d). For
the reasons set forth below, plaintiffs motion, ECF No. 30, 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 ofthe 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 and paralegal fees, this
Court's inquiry is limited to the reasonableness of plaintiffs petition. Under the EAJA, an award
1 -OPINION AND ORDER
of attorney fees 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 Consumer
Price Index for all Urban Consumers (CPI-U) and then dividing the product by the CPI-U in the
month that the cap was imposed. !d. at 877; Sorenson v. Mink, 239 F.3d 1140, 1148 (9th Cir.
2001).
Pursuant to these cost-of-living calculations, 1 plaintiff is awarded attorney fees at the
hourly rate of$189.08 for 6.85 hours of work performed in 2014 and $189.08 for 22.9 hours of
work performed in 2015. ·Plaintiff is also awarded paralegal fees at the hourly rate of $90 for
$1.55 hours of work performed in 2014 and 2015. Accordingly, plaintiff is awarded attorney and
paralegal fees in the amount of $5,764.64. 2
IT IS SO ORDERED.
DATED this 27th day of July, 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 July 27, 2015).
2
Payment of this award shall be paid to plaintiffs attorney Alan Grafupon 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 Alan Graf and mailed to Mr. Graf at 208 Pine St.,
Floyd, VA 24091. Ifplaintiffhas 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
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