Soto v Commissioner of Social Security

Filing 30

OPINION AND ORDER granting re 29 MOTION for Attorney Fees under Equal Access to Justice Act filed by Ramon A. Soto Signed by United States Magistrate Judge Justo Arenas on 8/4/2014.(Arenas, Justo)

IN THE UNITED STATES DISTRICT COURT
FOR THE DISTRICT OF PUERTO RICO

1
2
3
4

RAMON A. SOTO,

5

Plaintiff

6

v.

7

CIVIL 12-1997 (JA)

COMMISSIONER OF SOCIAL SECURITY,

8
9

Defendant

10
11

OPINION AND ORDER

12
On December 7, 2012, plaintiff filed this petition for judicial review of a final
13
decision of the Commissioner of Social Security which denied his application for
14
a period of disability and Social Security disability insurance benefits. (Docket No.
15
1). The case was transferred to me on December 17, 2012, pursuant to the
16
authority of 28 U.S.C. § 636(c). (Docket No. 6). The answer to the complaint was
17
filed on May 14, 2013. (Docket No.10).
18
Plaintiff filed a comprehensive memorandum of law against the final
19
decision of the Commissioner on October 9, 2013. (Docket No.20). On December
20
9, 2013, the Commissioner filed a memorandum and moved to remand under
21
Sentence Four of 42 U.S.C. § 405(g). (Docket No. 24).

The Commissioner

22
explained that the administrative law judge would be asked on remand to conduct
23
further proceedings, including to further evaluate the severity of plaintiff’s alleged
24
mental impairment and the limitations imposed by that impairment. (Docket No.
25
24 at 5). The motion to remand was granted and I entered judgment in favor of
26
plaintiff on April 15, 2014. (Docket Nos. 25, 27).
27

1

CIVIL 12-1997 (JA)

2

2
3

This matter is before the court on plaintiff’s motion for attorney’s fees

4

pursuant to the Equal Access to Justice Act, 28 U.S.C. § 2412 (hereinafter

5

“EAJA”), filed on July 11, 2014. (Docket No. 29). In it, plaintiff moves for an

6

award of attorney’s fees in the total amount of $5,332.66 (28.26 hours at a rate

7

of $188.70 per hour). The Commissioner of Social Security has filed no opposition

8

to plaintiff’s motion.

9

GRANTED.

Plaintiff’s motion having been reviewed, the same is

10

The EAJA provides in relevant part that “a court shall award to a prevailing

11

party … fees and other expenses … incurred by that party in any civil action …

12

brought by or against the United States … unless the court finds that the position

13

of the United States was substantially justified.…” 28 U.S.C. § 2412(d)(1)(A). See

14

Commissioner, I.N.S. v. Jean, 496 U.S. 154, 155, 110 S.Ct. 2316 (1990);

15

Castaneda-Castillo v. Holder, 723 F.3d 48, 57 (1st Cir. 2013); Heredia v. Sec’y of

16

Health & Human Svcs., 783 F. Supp 1550, 1551 n.1 (D.P.R. 1992). The burden

17

is on the United States to demonstrate that its position was substantially justified

18

in the proceedings at the agency and in the ensuing litigation following agency

19

action or inaction. See Schock v. United States, 254 F.3d 1, 5 (1st Cir. 2001).

20

The Commissioner has failed to meet that burden as demonstrated by its

21

acquiescence to the motion for attorney’s fees. See Trinidad v. Sec’y of Health

22

& Human Svcs., 935 F.2d 13, (1st Cir. 1991); Santiago-Aybar v. Commissioner of

23

Social Security, 545 F. Supp. 2d 231, 236-37 (D.P.R. 2008); cf. Alonso-Velez v.

24

Commissioner of Social Sec., 796 F. Supp.2d 300,304-05 (D.P.R. 2011). And

25

plaintiff is clearly a prevailing party under 42 U.S.C. § 405(g). See Shalala v.

26

Schaefer, 509 U.S. 292, 300-02, 113 S. Ct. 2625 (1993).

27

1

CIVIL 12-1997 (JA)

3

2
3

I similarly find, after reviewing plaintiff’s itemized statement, that plaintiff’s

4

computation of the actual time expended (23.86 hours) and the rate charged per

5

hour ($188.70) are reasonable. Counsel has conducted a very active practice of

6

law for almost forty years, almost all of it dedicated to Social Security cases. See

7

Acosta v. Commissioner of Soc. Sec., 2013 WL 5567478 at *3 (D.P.R. October 9,

8

2013. He filed a comprehensive 24-page memorandum of law, with attachments.

9

See e.g. Ramos-Morales v. Commissioner of Social Security, 2013 WL 1909615

10

(D.P.R. May 8, 2013); Bermontiz-Hernandez v. Commissioner of Social Security,

11

2013 WL 1788550 (D.P.R. Apr. 26, 2013); Valentin-Negron v. Commissioner of

12

Social Security, 2012 WL 5948341 (D.P.R. Nov. 28, 2012).

13

compensable rate per hour allowed by the Equal Access to Justice Act in 1996 was

14

$125.00. Cf. Rivera-Quintana v. Commissioner of Social Security., 692 F. Supp.

15

2d 223, 227-28 (D.P.R. 2010).

16

justify the rate proposed by plaintiff. See 28 U.S.C. § 2412(d)(2)(A)(ii); Acosta

17

v. Commissioner of Social Sec., 2013 WL 5567478 at *3; see Nieves Montijo v.

18

Commissioner of Social Security, 2011 WL 903970 (D.P.R. March 10, 2011).

19

Therefore, I award reasonable attorney’s fees in the amount of $5,332.66 at the

20

District Court level.

The maximum

As I have noted before, cost of living increases

21

SO ORDERED.

22

At San Juan, Puerto Rico, this 4th day of August, 2014.

23
24
25
26
27

S/ JUSTO ARENAS
United States Magistrate Judge