Summary
This United States District Court order grants the plaintiff's motion for attorney fees under the Equal Access to Justice Act (EAJA) in a social security appeal. The court finds that the plaintiff is a prevailing claimant and that the Commissioner's position was not substantially justified. Applying the Eighth Circuit's guidelines and adjusting for the cost of living via the Consumer Price Index, the court approves the requested hourly rate and awards $5,781.05 in reasonable attorney and paralegal fees.
Topics
Practice areas
Questions Presented
- Whether the plaintiff is entitled to an attorney-fee award under the EAJA.
- Whether the hourly rate may exceed the statutory ceiling based on CPI evidence.
Holdings
- The court granted the plaintiff's motion and awarded attorney fees of $5,781.05 under the EAJA.
- The court found the CPI justification sufficient to allow an hourly rate above $125 and deemed the proposed rate reasonable.
Key quotations
“Under the EAJA, a prevailing social security claimant is entitled to an award of reasonable attorney fees and expenses unless the Court determines that the Commissioner’s position was “substantially justified” or special circumstances would make an award unjust.”
“The Court finds that the requested hourly rate is reasonable. Plaintiff's counsel’s itemization of hours reflects that 22.35 attorney hours and 3.50 paralegal hours were spent working on this case.”
Factual background
Regina Bishop, a prevailing Social Security claimant, sought an award of attorney fees of $5,781.05 under the EAJA. She proposed an hourly rate above the statutory $125 ceiling, citing CPI data, and the Commissioner did not object.
Procedural history
The plaintiff filed a motion for attorney fees under the Equal Access to Justice Act. The defendant did not object to the requested amount. The court reviewed the submissions and the record and issued an order granting the motion.