REPORT AND RECOMMENDATION

KARLA R. SPAULDING, Magistrate Judge.

TO THE UNITED STATES DISTRICT COURT:

This cause came on for consideration without oral argument on the following motion filed herein:

Plaintiff, Celalettin Akarcay, seeks an award of attorney's fees pursuant to the Equal Access to Justice Act ("EAJA"), 28 U.S.C. § 2412. A final judgment reversing the decision below was entered on November 17, 2016. Doc. No. 22. Counsel for Plaintiff represents that the Commissioner does not object to the relief requested. Doc. No. 23, at 3. Thus, the motion is now ripe for consideration.

Plaintiff through Richard A. Culbertson, Esq., his counsel of record, seeks an award of $3,830.35 in EAJA fees. Id. at 2. The fee request covers 1.0 hours of work in 2015 and 1.8 hours of work in 2016 by Attorney Culbertson. Id. It also covers 1.3 hours of work in 2015 and 14.91 hours of work in 2016 by Sarah Fay, Esq. Id.

The EAJA sets a ceiling of $125.002 on the hourly rate for which attorneys may be compensated under the statute, which courts may adjust upward based on changes in the Consumer Price Index ("CPI"). 28 U.S.C. § 2412(d)(2)(A). Attorney Culbertson requests a fee at the rate of $190.27 per hour for work performed in 2015 and $191.68 per hour for work performed in 2016 by attorneys. Doc. No. 23, at 2. He provides an analysis of the cost-of-living adjustment using the CPI. Id. at 9-10. Independent calculations show that the average adjusted hourly rates for 2015 and 2016 are $190.293 and $191.70,4 respectively. Based on the cost-of-living adjustment, the requested rates for the work of attorneys do not exceed the EAJA cap of $125.00 per hour adjusted for inflation. Accordingly, in the absence of objection, I recommend that the Court find that the rates requested for Attorneys Culbertson and Fay are reasonable.

I also recommend that the Court find that the total number of hours worked is reasonable in the absence of objection.

Finally, I note that Plaintiff filed a retainer agreement that includes an assignment of any fees awarded under the EAJA to his counsel. Doc. No. 23-1. Plaintiff represents that, if the Department of the Treasury determines that Plaintiff does not owe a federal debt, the Commissioner will honor the assignment and pay any fees directly to Attorney Culbertson. Doc. No. 23, at 2-3. Attorney Culbertson requests that the Court order that any EAJA fees be paid directly to him. Id. at 3. Because the Commissioner has taken inconsistent positions regarding whether she will honor such an assignment, I recommend that the Court not require that the EAJA fees be paid directly to Plaintiff's counsel, but permit the Commissioner to do so in her discretion.

In light of the foregoing, I RESPECTFULLY RECOMMEND that the Court GRANT in part Plaintiff's Uncontested Motion for Attorney's Fees (Doc. No. 23) and ORDER the Commissioner to pay Plaintiff Celalettin Akarcay attorneys' fees in the amount of $3,638.67.5

NOTICE TO PARTIES

A party has fourteen days from this date to file written objections to the Report and Recommendation's factual findings and legal conclusions. A party's failure to file written objections waives that party's right to challenge on appeal any unobjected-to factual finding or legal conclusion the district judge adopts from the Report and Recommendation. See 11th Cir. R. 3-1.