ERIN L. SETSER, Magistrate Judge.
Plaintiff, Clifford A. Copher, appealed the Commissioner's denial of benefits to this Court. On July 13, 2015, judgment was entered remanding Plaintiff's case to the Commissioner pursuant to sentence four of 42 U.S.C. § 405(g). (Doc. 13). Plaintiff now moves for an award of $4,198.04 in attorney's fees and costs under 28 U.S.C. § 2412, the Equal Access to Justice Act (hereinafter "EAJA"), requesting compensation for 21.10
Pursuant to 28 U.S.C. § 2412(d)(1)(A), the Court must award attorney's fees to a prevailing social security claimant unless the Commissioner's position in denying benefits was substantially justified. The burden is on the Commissioner to show substantial justification for the government's denial of benefits.
In determining a reasonable attorney's fee, the Court will in each case consider the following factors: time and labor required; the novelty and difficulty of questions involved; the skill required to handle the problems presented; the preclusion of employment by the attorney due to acceptance of the case; the customary fee; whether the fee is fixed or contingent; time limitations imposed by the client or the circumstances; the amount involved and the results obtained; the attorney's experience, reputation and ability; the "undesirability" of the case; the nature and length of the professional relationship with the client; and awards in similar cases.
However, the EAJA is not designed to reimburse without limit.
The EAJA further requires an attorney seeking fees to submit "an itemized statement . . . stating the actual time expended and the rate at which fees and other expenses were computed." 28 U.S.C. § 2412(d)(1)(B). Attorneys seeking fees under federal fee-shifting statutes such as the EAJA are required to present fee applications with "contemporaneous time records of hours worked and rates claimed, plus a detailed description of the subject matter of the work."
Plaintiff's attorney requests an award under the EAJA for 19.50 hours of attorney work performed in 2014, at an hourly rate of $187.00; and 1.60 hours of attorney work performed in 2015, at an hourly rate of $187.00. The party seeking attorney fees bears the burden of proving that the claimed fees are reasonable.
The decision to increase the hourly rate is not automatic and remains at the discretion of the district court.
In
Plaintiff's counsel has also requested 2.75 paralegal hours of work at the rate of $75.00 per hour. The Court finds $75.00 per hour for paralegal work to be reasonable.
We next address the number of hours Plaintiff's counsel claims she spent working on this case. The Court has reviewed the itemized statement, and finds the amount of 19.50 hours for work performed in 2014, at an hourly rate of $186.00, and 1.60 hours for work performed in 2015, at an hourly rate of $187.00, is reasonable.
Plaintiff's counsel seeks 1.00 paralegal hour on June 8, 2014 (prepare and send summonses and service letters to US office of General Counsel, US Department of Justice, and US Attorney by certified mail return receipt requested delivery to postal service), from which the Court deducts 1.00 paralegal hour. This time cannot be compensated under the EAJA as it is found to be clerical work.
Finally, counsel seeks reimbursement for $27.39 in postage. Such expenses are recoverable under the EAJA and the Court finds $27.39 is reasonable.
Based upon the holding in
Based upon the foregoing, the Court finds that Plaintiff is entitled to an attorney's fee award under the EAJA for: 19.50 attorney hours for work performed in 2014, at hourly rate of $186.00, 1.60 attorney hours for work performed in 2015, at an hourly rate of $187, and 1.75 (2.75-1.00) paralegal hours at an hourly rate of $75.00, for a total attorney's fee of $4, 057.45; and $27.39 in expenses. This amount should be paid in addition to, and not out of, any past due benefits which Plaintiff may be awarded in the future.
The parties are reminded that the award herein under the EAJA will be taken into account at such time as a reasonable fee is determined pursuant to 42 U.S.C. § 406, in order to prevent double recovery by counsel for the Plaintiff.
IT IS SO ORDERED AND ADJUDGED.