Filed: Jun. 22, 2017
Latest Update: Jun. 22, 2017
Summary: REPORT AND RECOMMENDATION 2 JAMES R. KLINDT , Magistrate Judge . This cause is before the Court on Plaintiff's Uncontested Petition for Attorney's Fees (Doc. No. 21; "Motion"), filed June 1, 2017. In the Motion, Plaintiff seeks an award of attorney's fees pursuant to the Equal Access to Justice Act ("EAJA") in the amount of $3,217.48. Motion at 1-3. Plaintiff represents that Defendant does not oppose the relief requested. Id. at 3. Plaintiff's counsel indicates a total of 16.7 hours we
Summary: REPORT AND RECOMMENDATION 2 JAMES R. KLINDT , Magistrate Judge . This cause is before the Court on Plaintiff's Uncontested Petition for Attorney's Fees (Doc. No. 21; "Motion"), filed June 1, 2017. In the Motion, Plaintiff seeks an award of attorney's fees pursuant to the Equal Access to Justice Act ("EAJA") in the amount of $3,217.48. Motion at 1-3. Plaintiff represents that Defendant does not oppose the relief requested. Id. at 3. Plaintiff's counsel indicates a total of 16.7 hours wer..
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REPORT AND RECOMMENDATION2
JAMES R. KLINDT, Magistrate Judge.
This cause is before the Court on Plaintiff's Uncontested Petition for Attorney's Fees (Doc. No. 21; "Motion"), filed June 1, 2017. In the Motion, Plaintiff seeks an award of attorney's fees pursuant to the Equal Access to Justice Act ("EAJA") in the amount of $3,217.48. Motion at 1-3. Plaintiff represents that Defendant does not oppose the relief requested. Id. at 3.
Plaintiff's counsel indicates a total of 16.7 hours were expended by two attorneys in the representation of Plaintiff before the Court: 2.5 hours by attorney Richard A. Culbertson in 2016 and 2017; and 14.2 hours by attorney Sarah Fay in 2016 and 2017. Id. at 2; see id. at 11-12 (attached Schedules of Hours). Plaintiff requests an hourly rate of $192.67. Id. at 2. Plaintiff is seeking a higher hourly rate than the $125 specified by statute based on the increase in the cost of living since 1996, when the attorney's fee rate was last adjusted by Congress. See 28 U.S.C. § 2412(d)(2)(A) (permitting fee awards at rates higher than $125 per hour upon the Court's determination that cost of living has increased). Having examined the Consumer Price Index and the representations made in the Motion, the Court concludes an increase in inflation does justify a proportionate increase in attorneys' fees.3 Further, the number of hours expended is reasonable.
Plaintiff has assigned her rights to any entitlement of attorneys' fees due under the EAJA to her counsel. Motion at 2; see Doc. No. 21-1 (Retainer Agreement). Plaintiff represents as follows:
The parties have agreed that after the Court issues an order awarding EAJA fees to Plaintiff, the Commissioner will determine whether Plaintiff owes a debt to the government. If the U.S. Department of the Treasury determines that Plaintiff does not owe a federal debt, the government will accept Plaintiff's assignment of EAJA fees and pay fees directly to Plaintiff's counsel.
Motion at 2.
In accordance with the foregoing, it is
RECOMMENDED:
1. That Plaintiff's Uncontested Petition for Attorney's Fees (Doc. No. 21) be GRANTED.
2. That the Clerk of Court be directed to enter judgment in favor of Plaintiff and against Defendant for attorneys' fees in the amount of $3,217.48 pursuant to 28 U.S.C. § 2412(d).
3. That any final Order regarding the Motion include the following language: "If the U.S. Department of the Treasury determines that Plaintiff does not owe a federal debt, the government will accept Plaintiff's assignment of EAJA fees and pay fees directly to Plaintiff's counsel."
RESPECTFULLY RECOMMENDED.
