Brown-Hudgins v. Social Security Administration et al

Filing 27

ORDER finding as moot 25 Motion for Attorney Fees; granting 26 Motion for Attorney Fees. Signed by Senior Judge John T. Nixon on 11/23/15. (DOCKET TEXT SUMMARY ONLY-ATTORNEYS MUST OPEN THE PDF AND READ THE ORDER.)(af)

IN THE UNITED STATES DISTRICT COURT
FOR THE MIDDLE DISTRICT OF TENNESSEE
NASHVILLE DIVISION
COURTNEY ELIZABETH BROWN-HUDGINS,)
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Plaintiff,
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v.
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CAROLYN W. COLVIN,
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Acting Commissioner of Social Security,
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Defendant.
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No. 3:13-cv-00874
Judge Nixon
Magistrate Judge Brown

ORDER
Pending before the Court is the parties’ Joint Motion for an Award of Attorney Fees Under the
Equal Access to Justice Act, 28 U.S.C. § 2412 (“Motion”) in which they request an award of $3,500 to
Plaintiff’s attorney, David C. Downard. (Doc. No. 26.)
Upon Plaintiff’s Motion for Judgment on the Administrative Record (Doc. No. 15), the Magistrate
Judge issued a Report and Recommendation recommending that Plaintiff’s Motion for Judgment on the
Administrative Record be granted and that the case be remanded for reconsideration. (Doc. No. 20 at 13.)
By order entered September 23, 2015, this Court adopted the Magistrate Judge’s Report as modified,
granted Plaintiff’s Motion for Judgment on the Administrative Record, and remanded the case to the
Commissioner for further proceedings. (Doc. No. 23 at 12.)
Under the Equal Access to Justice Act (“EAJA”), the Court “shall award to a prevailing party . . .
fees and other expenses . . . incurred by that party in any civil action . . . including proceedings for judicial
review of agency action, brought by or against the United States . . . unless the 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)(1)(A). The application for fees and other expenses must be filed within
thirty days of the final judgment in the action. 28 U.S.C. § 2412(d)(1)(B). The statute defines “final
judgment” as “a judgment that is final and not appealable.” 28 U.S.C. § 2412(d)(2)(G). The Supreme
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Court has explained that “[a]n EAJA application may be filed until 30 days after a judgment becomes ‘not
appealable’—i.e., 30 days after the time for appeal has ended.” Shalala v. Schaefer, 509 U.S. 292, 302
(1993).
Because Plaintiff obtained an order reversing and remanding the Commissioner’s decision
pursuant to sentence four of 42 U.S.C. § 405(g), she qualifies as a prevailing party under the EAJA.
Defendant joined Plaintiff’s request for fees in the Motion, thus conceding that Defendant’s position in
this case was not substantially justified. The Court concludes that there are no special circumstances that
would make an award unjust. Under the sixty-day time limit for appeal set forth in Fed. R. App. P.
4(a)(1)(B), the Motion was timely filed. Consequently, Plaintiff is entitled to an award under the EAJA.
Plaintiff’s attorney filed an itemized statement detailing the actual time expended and the rate at
which fees were computed (Doc. No. 25-1 at 2–4). See 28 U.S.C. § 2412(d)(1)(B). The parties then
agreed that an award of $3,500, a lesser amount than originally requested, would be appropriate.
(Compare Doc. No. 25-1 at 4 with Doc. No. 26 at 1.) The requested attorney fee award of $3,500
computes to an hourly rate of $158.73 from 2013 to 2015. The EAJA provides that “attorney fees shall
not be awarded in excess of $125 per hour unless the court determines that an increase in the cost of living
or a special factor . . . justifies a higher fee.” 28 U.S.C. § 2412(d)(2)(A). The Court finds that the rise in
the cost of living since the EAJA statutory rate was last increased justifies the requested hourly rate. The
Court further finds that $3,500 is a reasonable award for the work performed and, accordingly, GRANTS
the Motion.
As stated by the parties, “Plaintiff’s [original] Application for Attorney Fees (DE 25) is now
moot.” (Doc. No. 26 at 1.) Therefore, Doc. No. 25 is hereby TERMINATED AS MOOT.
It is so ORDERED.
Entered this the 23rd day of November, 2015.
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JOHN T. NIXON, SENIOR JUDGE
UNITED STATES DISTRICT COURT
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