Cagle v. Commissioner Social Security Administration

Filing 26

OPINION AND ORDER: GRANTING 23 Application for Fees Pursuant to EAJA. Attorney fees in the amount of $4,869.36 are awarded to plaintiff, pursuant to the EAJA, 28 U.S.C. § 2412. The award shall be made payable to plaintiff's attorney if the Commissioner confirms that plaintiff owes no debt to the government. Signed on 9/17/2018 by Judge Ann L. Aiken. (ck)

IN THE UNITED STATES DISTRICT COURT
FOR THE DISTRICT OF OREGON

WYLIE C., 1

Case No. 6:17-cv-00231-AA
OPINION AND ORDER ·
Plaintiff,

vs.
COMMISSIONER OF SOCIAL SECURITY, 2
Defendant.

AIKEN, Judge:
Plaintiff Wylie C. requests an award of attorney fees pursuant to the Equal Access to
Justice Act ("EAJA"), 28 U.S.C. § 2412. The Court has reviewed the proceedings and the
amount of fees sought and GRANTS plaintiffs Application for Fees Pursuant to EAJA (doc. 23)
with the following modifications. Plaintiff requests and award of attorney fees in the amount of
$4,841.03 for the 24.60 hours plaintiff's counsel spent working on the case. Plaintiffs request is
1

In the interest of privacy, this opinion uses only the first name and the initial of the last
name of the non-governmental party in this case. Where applicable, this opinion uses the same
designation for a non-governmental party's immediate family member.
2

Nancy A. Berryhill's term as the Acting Commissioner of the Social Security
Administration ended on November 17, 2017, and a new Commissioner has not yet been
appointed. The official title of the head of the Social Security Administration is the
"Commissioner of Social Security." 42 U.S.C. § 902(a)(l). A "public officer who sues or is
sued in an official capacity may be designated by official title rather than name." Fed. R. Civ. P.
17(d). This Court, therefore, refers to defendant only as Commissioner of Social Security.
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based on the 2017 statutory hourly rate of $196.79. But plaintiffs counsel performed 7.1 hours
ofthatwork in the first half of2018, when the statutory hourly rate increased to $200.78. Under
the applicable hourly rates, plaintiff would be entitled to $3,443.83 for 17.5 hours of work
performed by counsel in 2017 and $1,425.54 for 7.1 hours of work performed by counsel in
2018, for a total award of $4,869 .36 in attorney fees. The Commissioner does not object to
plaintiffs request for attorney fees, or to applying the 2018 rate for the hours of work performed
by counsel in 2018. Def.'s Resp. to Appl. for Fees 2.
THEREFORE, attorney fees in the amount of $4,869.36 are awarded to plaintiff,
pursuant to the EAJA, 28 U.S.C. § 2412. The award shall be made payable to plaintiffs attorney
if the Commissioner confirms that plaintiff owes no debt to the government.
IT IS SO ORDERED.
Dated this

/T day of September 2018.

Ann Aiken
United States District Judge

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