ALLISON CLAIRE, Magistrate Judge.
This matter is before the court on plaintiff's motion for attorney fees pursuant to the Equal Access to Justice Act ("EAJA"), filed on May 16, 2014. ECF No. 22. The Commissioner of Social Security ("the Commissioner") filed an opposition on June 16, 2014. ECF No. 23. On September 13, 2014, plaintiff filed a motion to withdraw her motion for EAJA fees along with a second motion for EAJA fees. ECF Nos. 24 & 25.
Plaintiff brought this action seeking judicial review of a final decision of the Commissioner denying her application for a period of disability and disability insurance benefits ("DIB") under Title II of the Social Security Act ("the Act"). ECF No. 1. On January 16, 2014, following the filing of a motion for summary judgment by plaintiff and a cross-motion for summary judgment by defendant, the court granted plaintiff's motion in part, reversed the decision of the Commissioner and remanded the action for further proceedings. ECF No. 20.
The court's decision was based upon the conclusion that the Administrative Law Judge ("ALJ") failed to provide specific, legitimate reasons for giving the opinion of plaintiff's treating physicians, Dr. Susana Gonzalez, M.D., and Dr. Jose Baldonado, M.D., less than controlling weight.
On May 16, 2014, plaintiff filed a motion for attorney fees seeking an award of $11,837.90 for 63.4 hours of attorney time expended in connection with this action.
The EAJA provides that "a court shall award to a prevailing party . . . fees and other expenses . . . incurred by that party in any civil action . . . brought by or against the United States. . . unless the court finds that the position of the United States was substantially justified or that special circumstances make an award unjust." 28 U.S.C. § 2412(d)(1)(A).
A "party" under the EAJA is defined as including "an individual whose net worth did not exceed $2,000,000 at the time the civil action was filed[.]" 28 U.S.C. § 2412(d)(2)(B)(i). The term "fees and other expenses" includes "reasonable attorney fees." 28 U.S.C. § 2412(d)(2)(A). "The statute explicitly permits the court, in its discretion, to reduce the amount awarded to the prevailing party to the extent that the party `unduly and unreasonably protracted' the final resolution of the case."
A party who obtains a remand in a Social Security case is a prevailing party for purposes of the EAJA.
Here, the court finds that plaintiff is the prevailing party. Moreover, the court finds that plaintiff did not unduly delay this litigation, and that her net worth did not exceed two million dollars when this action was filed. The court also finds that the position of the government was not substantially justified. Once again, "[i]t is the government's burden to show that its position was substantially justified or that special circumstances exist to make an award unjust."
The EAJA expressly provides for an award of "reasonable" attorney fees. 28 U.S.C. § 2412(d)(2)A). Under the EAJA, hourly rates for attorney fees have been capped at $125.00 since 1996, but district courts are permitted to adjust the rate to compensate for an increase in the cost of living.
Here, plaintiff's attorney obtained an order for a new hearing despite defendant's cross-motion for summary judgment. After carefully reviewing the record and the pending motion, the court finds that the claimed 63.4 hours to be a reasonable amount of attorney time to have expended on this matter and declines to conduct a line-by-line analysis of counsel's billing entries.
Plaintiff requests that her attorney fee award be paid directly to her attorney pursuant to a written assignment attached to her EAJA application. ECF No. 22 at 5, 10. Attorney fee awards under the EAJA are payable to the litigant and are therefore subject to government offsets to satisfy any pre-existing debt owed to the United States by the claimant.
In accordance with the foregoing, IT IS HEREBY ORDERED that:
1. Plaintiff's motion for attorney fees under the EAJA, ECF No. 22, is GRANTED;
2. Plaintiff's motion to withdraw, ECF No., 24, is DENIED;
3. Plaintiff's amended motion for attorney's fees, ECF No. 25, is DENIED as moot;
4. Plaintiff is awarded $11,837.90 for attorney fees under 28 U.S.C. § 2412(d); and
5. Defendant shall determine whether plaintiff's EAJA attorneys' fees are subject to any offset permitted under the United States Department of the Treasury's Offset Program and, if the fees are not subject to an offset, shall honor plaintiff's assignment of EAJA fees and shall cause the payment of fees to be made directly to plaintiff's counsel pursuant to the assignment executed by plaintiff.
Although it is true that judgment had not yet been formally entered when plaintiff filed her EAJA application, that does not mean it was untimely. § 2412 requires a prevailing party to file an application for EAJA fees