Mardis v. Astrue

Filing 20

ORDER granting 19 Unopposed Motion for Attorney Fees. It is further ORDERED that attorney's fees in the amount of $5,273.11 be approved to be released to Rodney F. Durham, counsel for Mardis, as the reasonable and necessary fee for counsel's services in this matter at the federal court level.(Signed by Judge Gregg Costa) Parties notified.(sanderson, 3)

IN THE UNITED STATES DISTRICT COURT
FOR THE SOUTHERN DISTRICT OF TEXAS
VICTORIA DIVISION

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DARYN EDWARD MARDIS

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Plaintiff,

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V.

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CIVIL ACTION NO. 6: 12-045

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CAROLYN W. COLVIN, ACTING
COMMISSIONER OF THE SOCIAL
SECURITY ADMINISTRATION,
Defendant.

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ORDER
Pending before the Court is Plaintiff Daryn Edward Mardis' ("Mardis") "Unopposed
Application for Award for Attorney's Fees and Costs Under the Equal Access to Justice Act 28
U.S.C. § 2412(d) and Brief.

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(Dkt. No. 19). That statute provides, in relevant part, that:

A Court shall award to a prevailing party [in certain suits against the United States]
. . . fees and other expenses . . . unless the Court finds that the position of the
United States was substantially justified.
28 U.S.C. $2412(d)(l)(A). Attorneys who successfully represent persons seeking benefits under
the Social Security Act fall within the attorney's fee provisions of the statute. Herron v. Bowen,
788 F.2d 1127 (51h Cir. 1986).
Rodney F. Durham, counsel for Mardis, has submitted an itemized list of services showing
that 5.25 hours were expended on this case in 2012 and 24.25 hours were expended on this case
in 2013. (Dkt. No., Ex. B). The EAJA provides that attorney's fees shall be limited to $125 an
hour "unless the court determines that an increase in the cost of living . . . justifies a higher fee."
28 U.S.C. $ 22412(d)(2)(A). Durham claims the hourly rate should be set at $178.75 for the

work he performed in 2012 and 2013. Durham bases the hourly rate on the Department of
Labor's Consumer Price Index ("CPI"), as it is calculated for the region. He therefore seeks
attorney's fees in the amount of $5,273.11. The Commissioner does not oppose the time expended
by Durham or the hourly rate for which he seeks compensation.
Accordingly, it is hereby ORDERED and ADJUDGED that Mardis' Unopposed Motion
for Attorney's Fees is GRANTED. It is further ORDERED that attorney's fees in the amount of
$5,273.11 are approved to be released to Rodney F. Durham, counsel for Mardis, as the
reasonable and necessary fee for counsel's services in this matter at the federal court level.

SIGNED this /lwday

of

.-(&A
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, 2 0 13, at Galveston, Texas.

United S&S District Judge