Reginald V. v. Commissioner of Social Security

Summary

This Report and Recommendation addresses a Social Security appeal under 42 U.S.C. § 405(g) and a motion for attorney fees under the Equal Access to Justice Act. The magistrate judge recommends awarding the plaintiff $8,561.26, based on 32.37 attorney hours at $244.37 per hour and 6.51 paralegal hours at $100 per hour.

Holdings

1. Plaintiff was entitled to an EAJA fee award because he was the prevailing party, the government's position was without substantial justification, and no special circumstances warranted denial of fees.
2. The requested attorney rate of $244.37 per hour was reasonable and justified by cost-of-living evidence and counsel's experience.
3. The requested paralegal rate of $100 per hour was reasonable.
4. The requested 32.37 attorney hours and 6.51 paralegal hours were reasonable and compensable in this case.

Questions Presented

1. Whether Plaintiff satisfied the requirements for an award of attorney fees under the Equal Access to Justice Act.
2. Whether the requested inflation-adjusted attorney rate of $244.37 per hour was justified.
3. Whether the requested paralegal rate of $100 per hour was reasonable.
4. Whether the requested 32.37 attorney hours and 6.51 paralegal hours were reasonable and compensable.

Disposition

other