Filed: Jul. 09, 2014
Latest Update: Jul. 09, 2014
Summary: REPORT AND RECOMMENDATION 1 JAMES R. KLINDT, District Judge. This cause is before the Court on the Application for Attorney's Fees and Costs Pursuant to the Equal Access to Justice Act (Doc. No. 22; "Application"), filed June 18, 2014. Plaintiff also filed an Affidavit (Doc. No. 23) on June 30, 2014. In the Application, Plaintiff seeks an award of attorney's fees pursuant to the Equal Access to Justice Act ("EAJA") in the amount of $1246.54. Application at 2. Plaintiff represents that Defend
Summary: REPORT AND RECOMMENDATION 1 JAMES R. KLINDT, District Judge. This cause is before the Court on the Application for Attorney's Fees and Costs Pursuant to the Equal Access to Justice Act (Doc. No. 22; "Application"), filed June 18, 2014. Plaintiff also filed an Affidavit (Doc. No. 23) on June 30, 2014. In the Application, Plaintiff seeks an award of attorney's fees pursuant to the Equal Access to Justice Act ("EAJA") in the amount of $1246.54. Application at 2. Plaintiff represents that Defenda..
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REPORT AND RECOMMENDATION1
JAMES R. KLINDT, District Judge.
This cause is before the Court on the Application for Attorney's Fees and Costs Pursuant to the Equal Access to Justice Act (Doc. No. 22; "Application"), filed June 18, 2014. Plaintiff also filed an Affidavit (Doc. No. 23) on June 30, 2014. In the Application, Plaintiff seeks an award of attorney's fees pursuant to the Equal Access to Justice Act ("EAJA") in the amount of $1246.54. Application at 2. Plaintiff represents that Defendant does not oppose the relief requested. Id.
Plaintiff's counsel indicates a total of 6.6 hours were expended in the representation of Plaintiff before the Court.2 Id.; Affidavit of Attorney Time (Doc. No. 22-4) at 1-2. Plaintiff requests an hourly rate of $188.87. Application at 2. Plaintiff is seeking a higher hourly fee 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 Application, the Court concludes an increase in inflation does justify a proportionate increase in attorney's fees.3
Plaintiff has assigned her rights to any entitlement of attorney's fees due under the EAJA to her counsel. Application at 2; Social Security Fee Agreement (Doc. Nos. 22-2 to 22-3). Plaintiff further represents that "[a]ny payment shall be made payable to Plaintiff and delivered to Plaintiff's counsel, unless Plaintiff owes a federal debt. If the United States 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." Application at 2.
In light of the foregoing, it is
RECOMMENDED THAT:
1. The Application for Attorney's Fees and Costs Pursuant to the Equal Access to Justice Act (Doc. No. 22) be GRANTED.
2. The Clerk of Court be directed to enter judgment in favor of Plaintiff and against Defendant for attorney's fees in the amount of $1246.54 pursuant to 28 U.S.C. § 2412(d).
3. Any final order awarding attorney's fees pursuant to the EAJA include the following language: "Any payment shall be made payable to Plaintiff and delivered to Plaintiff's counsel, unless Plaintiff owes a federal debt. If the United States 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."
RESPECTFULLY RECOMMENDED.
