RIVERA
v.
COMMISSIONER OF SOCIAL SECURITY
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The court granted Plaintiff's motion for attorney's fees under the Equal Access to Justice Act.
Plaintiff sought attorney's fees under the EAJA after her case was resolved. The requested hourly rate exceeded the statutory maximum, citing cost of …
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This cause is before the Court on Plaintiff’s Uncontested Motion for Attorney’s Fees (Doc. No. 24; “Motion”), filed November1, 2022. In the Motion, Plaintiff seeks an award of attorney’s fees pursuant to the Equal Access to Justice Act (“EAJA”) in the amount of $4,135.61. Motion at 1-3, 4, 6, 8. Plaintiff represents that Defendant does not oppose the relief requested. Id. at 3. Plaintiff’s counsel indicates a total of 17.7 hours were expended by two attorneys in the representation of Plaintiff before the Court: 1.0 hour by attorney Richard A. Culbertson in 2022; and 16.7 hours by attorney Sarah P. Jacobs in 2022. Id. at 2, 6; see id. at 10-11 (attached Schedules of Hours). Plaintiff requests an hourly rate of $233.65. Id. at 2, 6. 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, 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. Motion at 2; Retainer Agreement (Doc. No. 24- 1). Plaintiff represents as follows regarding the assignment: [A]fter the Court issues an order awarding EAJA fees to Plaintiff, the Commissioner will determine whether Plaintiff owes a debt to the government. If the U.S. Department of the 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 Plaintiff’s counsel.
Motion at 2. In light of the foregoing, it is ORDERED: 1. Plaintiff’s Uncontested Motion for Attorney’s Fees (Doc. No. 24) is
GRANTED.
Viton Kee K Reecleh
JAMES R. KLINDT
United States Magistrate Judge kaw Copies to: Counsel of Record