SPENCER
v.
COMMISSIONER OF SOCIAL SECURITY
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The court granted the plaintiff's unopposed motion for attorney's fees under the Equal Access to Justice Act, finding the requested hourly rate justified by cost of living increases.
The plaintiff sought attorney's fees under the EAJA, and the defendant did not oppose the motion. The parties agreed on the number of hours and a rate…
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This cause is before the Court on Plaintiff’s Amended Unopposed Motion for Attorney’s Fees and Memorandum in Support Thereof (Doc. No. 43; “Motion”), filed May 19, 2023. In the Motion, Plaintiff seeks an award of attorney’s fees pursuant to the Equal Access to Justice Act (“EAJA”) in the amount of $9,092.85. Motion at 1, 3. Plaintiff represents that Defendant does not oppose the relief requested. Id. at 3, 11. Plaintiff’s counsel indicates the parties have agreed that counsel should be compensated for 39 hours of attorney work, at the rate of $233.15. Id. at 1, 3, 10. 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 Motion, the Court concludes an increase in inflation does justify a proportionate increase in attorneys’ fees.1 Further, in light of the parties’ agreement to lower the amount of hours requested for Plaintiff’s counsel and upon review of the file, the Court finds the number of hours expended is reasonable.2 Plaintiff has assigned her rights to any entitlement of attorney’s fees due under the EAJA to her counsel. Motion at Ex. A (Net Worth and Fee Assignment Affidavit). Plaintiff’s counsel requests that the payment for fees be made directly to counsel. Id. at 10. Upon review, it is ORDERED: 1. Plaintiff’s Amended Unopposed Motion for Attorney’s Fees and
Memorandum in Support Thereof (Doc. No. 43) is GRANTED.
Trewin Boo K Reel
JAMES R. KLINDT
United States Magistrate Judge kaw Copies to: Counsel of Record