Bouchard v. Berryhill

Filing 20

MEMORANDUM ORDER. Signed by Magistrate Judge Roy S. Payne on 12/13/2018. (nkl, )

IN THE UNITED STATES DISTRICT COURT
FOR THE EASTERN DISTRICT OF TEXAS
MARSHALL DIVISION
CHERYL BOUCHARD,
Plaintiff,
v.
COMMISSIONER, SOCIAL SECURITY
ADMINISTRATION,
Defendant.

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Case No. 2:17-cv-552-RSP

MEMORANDUM ORDER
Currently before the Court is Plaintiff’s Motion for Attorney’s Fees Pursuant to the Equal
Access to Justice Act (Dkt. No. 18), filed by Petitioner on October 4, 2018. The motion seeks
compensation for 20.6 hours at the adjusted statutory rate of $192 per hour for 2017 and $196 per
hour for 2018. The Commissioner does not oppose the requested award of fees. (Dkt. No. 19).
The Equal Access to Justice Act (EAJA), 28 U.S.C. §2412, allows a prevailing party in
litigation against the United States, including a petitioner for Social Security benefits, to recover
his attorney’s fees “unless the court finds that the position of the United States was substantially
justified or that special circumstances make an award unjust.” Id. at §2412 (d)(1)(a). The Supreme
Court has explained that “EAJA fees are determined not by a percent of the amount recovered, but
by the ‘time expended’ and the attorney’s ‘hourly rate,’” which is currently capped at $196 per
hour. Gisbrecht v. Barnhart, 535 U.S. 789, 794, 122 S.Ct. 1817, 152 L.Ed.2d 996 (2002). See
generally, Murkeldove v. Astrue, 635 F.3d 784, 789 (5th Cir. 2011). The Commissioner does not
contend, nor does the Court find, that the position of the government was substantially justified or
that any special circumstances exist rendering an award unjust. The Court finds that Petitioner’s
requested fee is appropriate.
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Accordingly, IT IS ORDERED that Defendant will pay Petitioner $3,962.40 in EAJA fees.
In accordance with the Supreme Court’s decision in Astrue v. Ratliff, 130 S.Ct. 2521 (2010), this
award will be payable to Petitioner, by delivery to her counsel of record.
SIGNED this 3rd day of January, 2012.
SIGNED this 13th day of December, 2018.

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ROY S. PAYNE
UNITED STATES MAGISTRATE JUDGE

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