SHAINA MAZZIO
v.
FRANK BISIGNANO, COMMISSIONER OF SOCIAL SECURITY
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The court granted the unopposed petition for attorney fees and costs under the Equal Access to Justice Act, allowing for an adjusted hourly rate based on cost of living increases.
[1] The Equal Access to Justice Act permits attorney fee awards at rates higher than $125 per hour upon a court's determination that the cost of living has increased.
[2] A court may grant an unopposed petition for attorney fees and costs under the Equal Access to Justice Act.
Previewing 2 of 4 headnotes on this case. FLexlaw’s editorially structured points of law — every proposition, pinpointed — are reserved for members.
Join FLexlaw to unlock all legal intelligence“28 U.S.C. § 2412(d)(2)(A) (permitting fee awards at rates higher than $125 per hour upon the Court's determination that cost of living has increased).”
Establishes the legal basis for awarding attorney fees above the statutory base rate of $125 per hour when cost of living increases justify it.
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Join FLexlaw to unlock all legal intelligencePlaintiff sought attorney fees and costs under the EAJA after prevailing in a Social Security case. The Commissioner did not oppose the petition. Plai…
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This cause is before the Court on Plaintiffs Unopposed Petition for Award of Attorney Fees Under the Equal Access to Justice Act (Doc. No. 21; “Petition”), filed December 1, 2025. In the Petition, Plaintiffs counsel seeks an award of attorney's fees pursuant to the Equal Access to Justice Act (“EAJA”) in the amount of $5,228.50 and reimbursement of the filing fee as costs in the amount of $405.00. Petition at 1, 4. Plaintiff represents that Defendant does not oppose the relief requested. Id. at 2.
Plaintiff's counsel indicates a total of 22.7 hours were expended in the representation of Plaintiff before the Court, the majority of which expended by attorneys (19.4 hours) and a small amount by paralegals (3.3 hours). Id. at 3; see also Doc. No. 21-1; “Itemization of Time.” Plaintiff requests an hourly rate
of $252.50 for the attorney time and $100 for the paralegal time. Petition at 3; Itemization of Time. Plaintiff is seeking a higher hourly rate than the $125 specified by statute based on the increase in the cost of living since 1996, when the attorney's fee rate was last adjusted by Congress. See 28 U.S.C. § 2412(d)(2)(A) (permitting fee awards at rates higher than $125 per hour upon the Court's determination that cost of living has increased). Having examined the Consumer Price Index and the representations made in the Petition and supporting documentation, the Court concludes an increase in inflation does justify a proportionate increase in attorneys' fees such that the amounts requested for the attorneys and paralegals are reasonable. [fn 1]
Plaintiff also requests reimbursement of $405.00 in costs expended for the filing of the Complaint (Doc. No. 1). Petition at 4. Defendant does not oppose this request, and the Court finds it to be appropriate. See 28 U.S.C. §§ 1920, 2412(a)(1).
Plaintiff has assigned her rights to any entitlement of attorney's fees due under the EAJA to her counsel. See Petition at Ex. 2 (Fee Agreement). Regarding the assignment, Plaintiff represents the following:
The parties agree that after the Court issues an order accepting th[e] Petition, the Commissioner will determine whether Plaintiff owes a debt to the government. If the United States Department of Treasury determines that Plaintiff does not owe a federal debt, the government will accept Plaintiff's Assignment of EAJA fees . . . and pay fees directly to Plaintiffs counsel.
Id. at 5.
In light of the foregoing, it is
ORDERED:
1. Plaintiff's Unopposed Petition for Award of Attorney Fees Under the Equal Access to Justice Act (Doc. No. 21) is GRANTED.
2. The Clerk of Court is directed to enter judgment in favor of Plaintiff and against Defendant for attorney's fees in the amount of $5,228.50 pursuant to 28 U.S.C. § 2412(d) and costs in the amount of $405.00.
3. The Commissioner may exercise the discretion to honor Plaintiff's assignment of fees to counsel if the U.S. Department of Treasury determines that Plaintiff does not owe a debt to the U.S. Government.
DONE AND ORDERED in Jacksonville, Florida on January 6, 2026.
James R. Klinht JAMES R. KLINDT United States Magistrate Judge
kaw Copies: Counsel of Record
[fn 1]: See U.S. Dep't of Labor, Inflation Calculator, http://data.bls.gov/cgibin/cpicalc.pl (last visited January 5, 2026). In computing the hourly rate adjustment for the cost of living increase, the Consumer Price Index is generally used for the year in which the services were performed. See Masonry Masters, Inc. v. Nelson, 105 F. 3d 708, 710-13 (D.C. Cir. 1997); see also Gates v. Barnhart, 325 F. Supp. 2d 1342, 1346 (M.D. Fla. 2002).