ALLISON CLAIRE, Magistrate Judge.
This matter is before the court on plaintiff's fully briefed motion for attorney's fees pursuant to the Equal Access to Justice Act ("EAJA").
Plaintiff brought this action seeking judicial review of a final administrative decision denying her application for Disability Insurance Benefits under Title II of the Social Security Act. On September 8, 2015, 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, reversed the decision of the Commissioner and remanded this action for further proceedings. ECF No. 17.
On December 7, 2015, plaintiff filed her motion for attorney's fees. ECF No. 19. Defendant filed an opposition on December 11, 2015. ECF No. 20. Plaintiff filed a reply, in which plaintiff modified her fee request, on December 17, 2015. ECF No. 21. Plaintiff's modified request seeks an award of $6,621.81 in attorney's fees based on 34.85 hours of attorney time expended, as well as $414.31 in costs, for a total award of $7,036.12. ECF No. 21.
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, that plaintiff did not unduly delay this litigation, that her net worth did not exceed two million dollars when this action was filed, ECF No. 21-3 at 1-2, and that the position of the government was not substantially justified.
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 successfully moved for summary judgment and obtained a remand for further proceedings. After carefully reviewing the record and the pending motion, the court finds the claimed 34.85 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.
Moreover, the number of hours expended by plaintiff's attorney is well within the limit of what would be considered a reasonable amount of time spent on this action when compared to the time devoted to similar tasks by counsel in like social security appeals coming before this court.
Finally, plaintiff's requests that the EAJA fee award be made payable to plaintiff's counsel pursuant to a fee agreement signed by plaintiff. ECF No. 21-3 at 3-5. However, an attorney fee award under the EAJA is payable to the litigant and is therefore subject to a government offset to satisfy any pre-existing debt owed to the United States by the claimant.
Subsequent to the decision in
Accordingly, IT IS HEREBY ORDERED that:
1. Plaintiff's motion for attorney fees under the Equal Access to Justice Act (ECF No. 19) is granted;
2. Plaintiff is awarded $7,036.12 in attorney fees under 28 U.S.C. § 2412(d); and
3. Defendant shall determine whether plaintiff's EAJA attorney's 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.