Williams v. COMMISSIONER OF SOCIAL SECURITY ADMINISTRATION
Filing
26
ORDER granting 24 Motion for Attorney Fees. Signed by Chief Magistrate Judge Tu M. Pham on September 8, 2021.(cmp)
Case 1:20-cv-01154-tmp Document 26 Filed 09/08/21 Page 1 of 3
PageID 590
IN THE UNITED STATES DISTRIC COURT
FOR THE WESTERN DISTRICT OF TENNESSEE
EASTERN DIVISION
TONY WILLIAMS,
Plaintiff,
v.
COMMISSIONER OF SOCIAL SECURUITY,
Defendant.
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No.: 20-cv-1154-TMP
ORDER GRANTING MOTION FOR ATTORNEY FEES
Before the court is Plaintiff’s Motion for Attorney’s Fees
under the Equal Access to Justice Act (“EAJA”). (ECF No. 24.)
Plaintiff
Tony
Williams
filed
this
action
to
obtain
judicial review of Defendant Commissioner’s determination that
he was not disabled. A Remand Order was entered in this case on
June 23, 2021. (ECF No. 22.)
Under the EAJA, the court shall “award to a prevailing
party . . . fees and other expenses . . . incurred by the 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
Plaintiff
award
unjust.”
obtained
an
28
Order
U.S.C.
§
from
the
2412(d)(1)(A).
Court
As
the
remanding
the
Case 1:20-cv-01154-tmp Document 26 Filed 09/08/21 Page 2 of 3
Commissioner’s
decision
pursuant
to
sentence
PageID 591
four
of
U.S.C.
§405(g), he qualifies as a prevailing party under the EAJA. The
Court concludes that there are no special circumstances that
would make an award unjust. Consequently, Plaintiff is entitled
to an award of attorney fees.
Plaintiff’s counsel has submitted his affidavit documenting
24.9 hours of work on this case.
Based on this documentation,
Plaintiff requests an award of attorney fees in the amount of
$5,179.44. The EAJA provides that “attorney fees shall not be
awarded
in
excess
of
$125.00
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).
Plaintiff has requested an award at the hourly rate of $208.01
for 24.9 hours of work.
The increase in the hourly rate is
based on the rise in the cost of living since March 1996, when
the EAJA statutory rate was last increased.
The Court finds
that these requested rates and the number of hours expended are
reasonable.
It
awarded
is
hereby
attorney’s
ORDERED
fees
that
under
Plaintiff
the
EAJA
Tony
in
Williams
is
amount
of
the
$5,179.44, made payable to Plaintiff’s attorney, as Plaintiff
has assigned these funds to his attorney.
Remittance
of
the
awarded
attorney’s
fees
will
be
contingent upon a determination by the Government that Plaintiff
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Case 1:20-cv-01154-tmp Document 26 Filed 09/08/21 Page 3 of 3
PageID 592
owes no debt(s) to the Government that is subject to offset. If
such a debt(s) exist, the Government may make the entire EAJA
fee payable to Plaintiff and then use the EAJA fee as an offset
to the debt. See 31 C.F.R. § 285.5(e)(6)(ii); Astrue v. Ratliff,
560 U.S. 586 (2010).
IT IS SO ORDERED this 8th day of September, 2021.
____________________________________
s/ Tu M. Pham
TU M. PHAM
CHIEF UNITED STATES MAGISTRATE JUDGE
3
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