WALKER
v.
COMMISSIONER OF SOCIAL SECURITY

M.D. Fla. | 2023-01-26
No. 3:22-cv-121
District Court, M.D. Florida (2023)

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Holding

The Court granted Plaintiff's petition for attorney's fees under the Equal Access to Justice Act.

Facts & Procedural History

Plaintiff sought attorney's fees under the EAJA, requesting a rate higher than the statutory maximum due to cost of living increases. The defendant di…

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Topics
Assignment Of Fees Consumer Price Index Cost Of Living Adjustment Equal Access To Justice Act

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Opinion of the Court

Trewin Boo K Reel

JAMES R. KLINDT

United States Magistrate Judge kaw Copies: Counsel of Record

Footnotes
1 See U.S. Dep’t of Labor, Inflation Calculator, http://data.bls.gov/cgi-bin/cpicalc.pl (last visited January 25, 2023). 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, No. 5:01-cv- 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 $5,277.97 pursuant to 28 U.S.C. § 2412(d). 3. The Commissioner may exercise the discretion to honor Plaintiffs 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 26, 2023.

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