ERIN L. SETSER, Magistrate Judge.
Plaintiff, Korinne Shirley, appealed the Commissioner's denial of benefits to the Court. On January 12, 2016, a Judgment was entered remanding this matter to the Commissioner pursuant to sentence four of 42 U.S.C. §405(g). (Doc.13). Plaintiff now moves for an award of $2,678.45 in attorney's fees under 28 U.S.C. §2412, the Equal Access to Justice Act (hereinafter "EAJA"), requesting compensation for 14.50 attorney hours of work performed before the Court an hourly rate of $173.07 for work performed in 2014, $172.81 for work performed in 2015, and $172,38 for work performed in 2016.
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 1.75 hours of attorney work performed in 2014, at an hourly rate of $173.07; 13.25 hours of attorney work performed in 2015, at an hourly rate of $172.81, and 1 hour of attorney work performed in 2016, at an hourly rate of $172.38. The party seeking attorney fees bears the burden of proving that the claimed fees are reasonable.
The Court will next address the number of hours requested by Plaintiff's counsel. Plaintiff's counsel submitted the following attorney hours:
With respect to these hours, clerical or secretarial tasks are not compensable under the EAJA.
However, a review of the various decisions of the Circuit Courts of Appeals indicates that all that have addressed the issue, except the First Circuit, hold that tasks such as the filing of documents and preparing and serving summons are considered clerical and not compensable.
The undersigned finds the First Circuit's approach persuasive and a reasonable compromise when it is not clear whether tasks such as those at issue in this case should be classified as purely clerical. Accordingly, Plaintiff's attorney will be compensated for these tasks at the prevailing hourly paralegal market rate, which, based on the paralegal rates submitted by other attorneys in this area, is $75.00.
Based upon the foregoing, the Court finds that Plaintiff is entitled to an attorney's fee award under the EAJA for: 1.75 attorney hours for work performed in 2014, at hourly rate of $173.07, 12.50 attorney hours (13.25 less 0.75 hours) for work performed in 2015, at an hourly rate of $172.81, 1 attorney hour for work performed in 2016, at hourly rate of $172.38, and 0.75 paralegal hours at an hourly rate of $75.00, for a
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.
2014-227.082 × 125 divided by 152.4 (March 1996 CPI-South) = $186.25 hour-$186.00.
2015-228.451 × 125 divided by 152.4 (March 1996 CPI-South) = $187.38/hour-$187.00.
2016-229.581 × 125 divided by 152.4 (March 1996 CPI-South) = $188.30/hour-$188.00.