SARAH A. L. MERRIAM, Magistrate Judge.
On September 18, 2010, plaintiff, Debra Staggers ("plaintiff") concurrently applied for disability insurance benefits ("DIB") and supplemental security income ("SSI") benefits claiming that she had been disabled since June 15, 2005. (Certified Transcript of the Record, Compiled on July 8, 2014 (hereinafter "Tr.") 377-87). After a hearing before an ALJ, the ALJ denied plaintiff benefits on November 29, 2012. (Tr. 174-90). After exhausting her administrative remedies, plaintiff filed the Complaint in this case on May 9, 2014. [Doc. #1]. On August 1, 2014, the Commissioner filed her Answer and the official transcript. [Doc. #9]. Following two motions for extension of time, on November 3, 2014, plaintiff filed her Motion for an Order Reversing the Decision of the Commissioner, or in the Alternative, Remand for a New Hearing ("Motion to Reverse"). [Doc. #17]. Also following a motion for extension of time, on February 10, 2015, the Commissioner filed her Motion for an Order Affirming the Decision of the Commissioner ("Motion to Affirm"). [Doc. #23]. On March 13, 2015, after an extension of time, plaintiff filed a Response to Defendant's Motion for an Order Affirming the Decision of the Commissioner ("Reply"). [Doc. #26].
On June 17, 2015, the undersigned issued a Recommended Ruling on Cross Motions, which granted plaintiff's Motion to Reverse, and remanded this matter for further administrative proceedings. [Doc. #28]. Defendant objected to the Recommended Ruling [Doc. #29], to which plaintiff filed a Response [Doc. #30]. On August 11, 2015, Chief Judge Janet C. Hall affirmed, adopted and ratified the Recommended Ruling, and overruled defendant's objection. [Doc. #31]. Judgment was entered on August 11, 2015. [Doc. #32].
On November 9, 2015, plaintiff filed a motion for attorney's fees together with a memorandum in support, an affidavit, and time sheets. [Doc. #34]. Defendant filed a motion for extension of time to file a response [Doc. #35], which the Court granted to December 14, 2015 [Doc. #36]. On December 17, 2015, the parties filed a joint stipulation regarding the attorney's fees to be awarded. [Doc. #37].
Although the parties have reached an agreement as to the appropriate award of fees in this matter, the Court is obligated to review the fee application and determine whether the proposed fee award is reasonable.
A party who prevails in a civil action against the United States may seek an award of fees and costs under the Equal Access to Justice Act ("EAJA" or the "Act"), 28 U.S.C. §2412, the purpose of which is "to eliminate for the average person the financial disincentive to challenging unreasonable government actions."
Plaintiff sought fees in the amount of $11,612.46, for 59.6 hours at the 2014 rate of $194.84, in her original motion. The parties have now reached an agreement under which the defendant would pay a total of $9,000 in fees, which would represent about 46.2 hours of work at the 2014 rate. It is plaintiff's burden to establish entitlement to a fee award, and the Court has the discretion to determine what fee is "reasonable."
Here, the Court finds that plaintiff has satisfied the requirements of 28 U.S.C. §2412(d)(1)(B), and that an award of fees may enter. Specifically, the Court finds that: (1) plaintiff is a prevailing party in light of the Court granting her Motion to Reverse and ordering a remand of this matter for further administrative proceedings; (2) the Commissioner's position was without substantial justification; (3) on the current record, no special circumstances exist that would make an award unjust; and (4) the fee petition was timely filed.
In this case, plaintiff's counsel seeks payment for a total of 46.2 hours of attorney time, reduced from the 59.6 hours of attorney time originally sought. [Doc. ##34, 37]. The transcript in this case was relatively small, totaling only 689 pages. Although plaintiff's counsel did submit a thorough brief, the factual and legal issues involved were not overly complex, particularly given plaintiff's counsel's extensive experience in this area of the law and the fact that counsel represented the plaintiff during the administrative appeals process. (Tr. 77-78, 168-70).
The Court finds that in light of all the circumstances, and particularly in light of the parties' stipulation, which adds weight to the claim that the fee award claimed is reasonable, an award of fees in the amount of $9,000 is appropriate. Therefore, the plaintiff's Motion for Attorney's Fees [Doc. #34] is
SO ORDERED.