Schaaf, Ricky v. Colvin, Carolyn

Filing 23

ORDER granting 18 Motion for Attorney Fees under the EAJA. Plaintiff awarded attorney fees in the amount of $ 5,988.86. Signed by District Judge James D. Peterson on 6/23/15. (jat)

IN THE UNITED STATES DISTRICT COURT
FOR THE WESTERN DISTRICT OF WISCONSIN

RICKY SCHAAF,
Plaintiff,

ORDER

v.
14-cv-205-jdp
CAROLYN W. COLVIN,
Acting Commissioner of Social Security,
Defendant.

Plaintiff Ricky Schaaf sought judicial review of a final decision of the Acting
Commissioner of Social Security finding him not disabled within the meaning of the Social
Security Act. After Schaaf filed a well-supported motion for summary judgment, Dkt. 7 and
Dkt. 8, the parties jointly moved to remand the case to the commissioner, Dkt. 15. The court
remanded the case, Dkt. 16, and Schaaf now seeks attorney fees under the Equal Access to
Justice Act (EAJA), 28 U.S.C. § 2412(d)(1)(B), Dkt. 18. The fee motion is mostly routine, but
Schaaf seeks reimbursement at an hourly rate higher than the statutory default rate of $125. An
award of fees is warranted, and Schaaf demonstrates that his counsel’s rate of $188.75 is
reasonable because it reflects an appropriate adjustment for the cost of living and it more closely
approximates the market value of his attorney’s work. The Commissioner does not oppose
Schaaf’s motion. Dkt. 22. The court will grant the request for fees and costs of $5,988.86.
The EAJA provides “reasonable fees and expenses of attorneys” to the prevailing party in
court cases brought against the Commissioner. 28 U.S.C. § 2412(b). The EAJA caps the rate for
attorney fees at $125 per hour, unless the court determines that either an increase in the cost of
living or a “special factor” justifies a higher rate. 28 U.S.C. § 2412(d)(2)(A); see Mathews-Sheets v.
Astrue, 653 F.3d 560, 563 (7th Cir. 2011). It is Schaaf’s burden to prove that his attorney is
entitled to a rate of $188.75 per hour, totaling $5,988.86 with costs.

Schaaf pursues both the cost of living and the “special factor” exceptions to the capped
rate, arguing that there has been an increase in the cost of living and that there is limited
availability of qualified attorneys for social security proceedings. Dkt. 19, at 4-7. Schaaf cites
Wonders v. Shalala, 822 F. Supp. 1345 (E.D. Wis. 1993), and cost of living data from the
Department of Labor to support the proposition that the relevant market rate for legal services
in 1993 was $150 per hour and that the cost of legal services has risen since then. Further,
Schaaf avers that he “shopped for the best available attorney at the lowest reasonable fee” before
retaining his attorney, Dkt. 19-3, who is highly qualified in disability law.
IT IS ORDERED that:
1. Plaintiff Ricky Schaaf is awarded his costs and reasonable attorney fees in the
amount of $5,988.86, consistent with this Order.
Entered June 23, 2015.
BY THE COURT:
/s/
________________________________________
JAMES D. PETERSON
District Judge

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