Danielle Witner v. Frank Bisignano, Commissioner of the Social Security Administration

Summary

The United States District Court for the Middle District of Florida grants Danielle Witner’s unopposed motion for attorney’s fees under the Equal Access to Justice Act. The court finds that Witner was the prevailing party, that the statutory conditions for an award were satisfied, and that the requested $8,000 fee based on approximately 31.77 hours at an hourly rate of $251.84 was reasonable. The court directs that payment be made to Witner, subject to the government’s ability to honor an assignment to her attorney if Witner owes no federal debt.

Holdings

1. Witner was entitled to attorney's fees because she timely sought fees, qualified as the prevailing party, satisfied the net-worth requirement, and the government's position was not substantially justified; no special circumstances made an award unjust.
2. The court could adjust the EAJA hourly rate upward to account for increases in the cost of living because competent attorneys in the relevant market had rates exceeding the statutory $125 base rate.
3. The requested 31.77 hours at an hourly rate of $251.84, resulting in an award of $8,000, were reasonable and adequately supported.
4. The $8,000 EAJA award must be made payable to Witner, although the Commissioner may honor an assignment of the fees to her attorney if the government determines that Witner owes no federal debt.

Questions Presented

1. Whether Witner satisfied the statutory requirements for an award of attorney's fees under the Equal Access to Justice Act.
2. Whether the requested attorney hours and hourly rate were reasonable and whether the statutory $125 hourly cap should be adjusted for increases in the cost of living.
3. Whether the EAJA award should be made payable to Witner, subject to possible payment to her attorney if the government determines that Witner owes no federal debt.

Disposition

other