Filed: Apr. 20, 2012
Latest Update: Apr. 20, 2012
Summary: REPORT AND RECOMMENDATION 1 and NOTICE REGARDING OBJECTIONS MICHAEL J. NEWMAN, Magistrate Judge. This case is before the Court pursuant to a request by Plaintiff's counsel for an award of attorney's fees and costs under the Equal Access to Justice Act ("EAJA"), 28 U.S.C. 2412(d). In her initial fee petition, counsel requested an EAJA fees/costs award of $3,625.02. (Doc. 15). In response to that fee petition, the Commissioner and Plaintiff's counsel jointly filed a stipulation for EAJA fe
Summary: REPORT AND RECOMMENDATION 1 and NOTICE REGARDING OBJECTIONS MICHAEL J. NEWMAN, Magistrate Judge. This case is before the Court pursuant to a request by Plaintiff's counsel for an award of attorney's fees and costs under the Equal Access to Justice Act ("EAJA"), 28 U.S.C. 2412(d). In her initial fee petition, counsel requested an EAJA fees/costs award of $3,625.02. (Doc. 15). In response to that fee petition, the Commissioner and Plaintiff's counsel jointly filed a stipulation for EAJA fee..
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REPORT AND RECOMMENDATION1 and NOTICE REGARDING OBJECTIONS
MICHAEL J. NEWMAN, Magistrate Judge.
This case is before the Court pursuant to a request by Plaintiff's counsel for an award of attorney's fees and costs under the Equal Access to Justice Act ("EAJA"), 28 U.S.C.§ 2412(d).
In her initial fee petition, counsel requested an EAJA fees/costs award of $3,625.02. (Doc. 15). In response to that fee petition, the Commissioner and Plaintiff's counsel jointly filed a stipulation for EAJA fees/costs in a reduced amount: $3,200.00. (This stipulation is, essentially, a joint, unopposed motion for $3,200 in EAJA fees.) (Doc. 16). Accordingly, the Court views counsel's initial fee petition (for $3,625.02) as moot. The sole matter before the Court, therefore, is the unopposed, joint stipulation for $3,200 in EAJA fees/costs.
I.
EAJA provides for an award of attorney's fees to a party who prevails in a civil action against the United States "when the position taken by the Government is not substantially justified and no special circumstances exist warranting a denial of fees." Bryant v. Commissioner of Soc. Sec., 578 F.3d 443, 445 (6th Cir. 2009) (citing 28 U.S.C. § 2412(d)(1)(A)). Title 28 U.S.C. § 2412(a)(1) likewise provides for an award of costs to the prevailing party. A party who wins a remand under Sentence Four of § 405(g) is a prevailing party for EAJA purposes. See Shalala v. Schaefer, 509 U.S. 292, 301-02 (1993).
The Supreme Court has recently clarified that any fees awarded to a prevailing party under EAJA belong to the litigant, not the litigant's attorney. See Astrue v. Ratliff, ___U.S.___, 130 S.Ct. 2521, 2524 (2010). Those fees are subject to an offset to satisfy any pre-existing debt the litigant may owe to the United States. Id.
II.
On March 3, 2012, Judge Rose adopted the undersigned's Report and Recommendation, and reversed and remanded this matter for further proceedings pursuant to Sentence Four of 42 U.S.C. § 405(g). (Docs. 12, 13). Accordingly, Plaintiff is the prevailing party in this case for EAJA purposes, see Shalala, 509 U.S. at 301-02, and Plaintiff is entitled to an award of attorney fees and costs under EAJA. Id.
Plaintiff's counsel advises the Court that she worked 21.0 hours on this matter. (Doc. 15-1, PAGEID 134). At $3,200, this calculates as $152.38 per hour — an hourly rate not challenged by the Commissioner. Having reviewed the time sheet entries submitted by Plaintiff's counsel and the nature of the work counsel performed in this matter, the Court finds the requested fee reasonable. See, e.g., Simpson v. Comm'r of Soc. Sec., 2010 U.S. Dist. LEXIS 128934 (S.D. Ohio Dec. 7, 2010)(finding an hourly rate of $170 reasonable in an EAJA fee application). Accordingly, Plaintiff is entitled to an award in the amount of $3,200.00 stipulated by both parties.2
III.
Based upon the foregoing, IT IS THEREFORE RECOMMENDED THAT:
1. The initial application for EAJA fees and costs filed by Plaintiff's counsel (doc. 15) be found MOOT AND DENIED;
2. The stipulation for EAJA fees and costs (doc. 16), filed jointly by Plaintiff's counsel and the Commissioner — which the Court construes as a joint, unopposed motion for EAJA fees and costs — be GRANTED, and Plaintiff be AWARDED the sum of $3,200.00 in EAJA fees and costs; and
3. As no further matters remain pending for review, this case remain TERMINATED upon the docket of the Court. NOTICE REGARDING OBJECTIONS
Pursuant to Fed. R. Civ. P. 72(b), any party may serve and file specific, written objections to the proposed findings and recommendations within FOURTEEN days after being served with this Report and Recommendations. Pursuant to Fed. R. Civ. P. 6(d), this period is extended to SEVENTEEN days because this Report is being served by one of the methods of service listed in Fed. R. Civ. P. 5(b)(2)(B)(C), or (D) and may be extended further by the Court on timely motion for an extension. Such objections shall specify the portions of the Report objected to and shall be accompanied by a memorandum of law in support of the objections. If the Report and Recommendations are based in whole or in part upon matters occurring of record at an oral hearing, the objecting party shall promptly arrange for the transcription of the record, or such portions of it as all parties may agree upon or the Magistrate Judge deems sufficient, unless the assigned District Judge otherwise directs. A party may respond to another party's objections within FOURTEEN days after being served with a copy thereof. Failure to make objections in accordance with this procedure may forfeit rights on appeal. See United States v. Walters, 638 F.2d 947 (6th Cir. 1981); Thomas v. Arn, 474 U.S. 140 (1985).
