LEWIS
v.
COMMISSIONER OF SOCIAL SECURITY
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The court granted the unopposed petition for attorney fees under the Equal Access to Justice Act.
Plaintiff sought attorney fees under the EAJA, requesting a rate higher than the statutory minimum due to cost of living increases. Defendant did not …
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This cause is before the Court on Plaintiffs Unopposed Petition for Attorney Fees (Doc. No. 23; “Petition”), filed December 18, 2023. In the Petition, Plaintiff seeks an award of attorney's fees pursuant to the Equal Access to Justice Act (“EAJA”) in the amount of $2,743.15. Petition at 1, 3. Plaintiff represents that Defendant does not oppose the relief requested. Id. at 2. Plaintiff's counsel indicates a total of 11.85 hours were expended in the representation of Plaintiff before the Court. Id. at 3; see id. at Ex. 1 (attached Time Entry). Plaintiff requests an hourly rate of $231.49. Id. at 3. 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, the Court concludes an increase in inflation does justify a proportionate increase in attorneys' fees. [fn 1] Further, the number of hours expended is reasonable.
Plaintiff has assigned her rights to any entitlement of attorney's fees due under the EAJA to her counsel. Petition at 3, Ex. B (Assignment of EAJA Fees). Plaintiff represents as follows regarding the assignment:
[A]fter the Court issues an Order awarding EAJA fees, the Commissioner will determine whether Plaintiff owes a debt to the government. Any payments shall be made payable to Plaintiff and delivered to Plaintiff's counsel unless Plaintiff does not owe a federal debt. 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 form and pay fees directly to Plaintiffs counsel.
Petition at 3.
In light of the foregoing, it is ORDERED: