RICHARD L. VOORHEES, District Judge.
The EAJA allows fee reimbursement to a prevailing party only for "reasonable fees and expenses." 28 U.S.C. § 2412(b). Under the EAJA, "the district court must undertake the `task of determining what fee is reasonable'" in light of the circumstances surrounding the particular case. Hyatt v. Barnhart, 315 F.3d 239, 253 (4th Cir. 2002) (quoting INS v. Jean, 496 U.S. 154, 161 (1990)). A district court is given "`substantial discretion in fixing the amount of an EAJA award'" and may grant applications for awards only if the request is reasonable. Id. at 254 (quoting Jean, 496 U.S. at 163). "The fee petitioner bears the burden of justifying a requested fee." Meade v. Barnhart, 218 F.Supp.2d 811, 813 (W.D. Va. 2002) (citing Blum v. Stenson, 465 U.S. 886, 895 n.11 (1984)).
Plaintiff's Motion represents that the parties have agreed to a total of $4,500.00 in attorney's fees. (Doc. 18 at 1; see also Doc. 19). Plaintiff's counsel asserts she spent 30.1 hours working at an hourly rate of $149.50.
This Court determines the hourly rate requested is reasonable. See 28 U.S.C. § 2412(d)(2)(A) (setting hourly rate at $125 but permitting court to increase hourly rate based on cost of living or other special factors). The same, however, cannot be said for all of the itemized hours' worked. In reviewing Plaintiff's counsel's itemized list of hours, this Court harkens back to its earlier assessment regarding deficiencies in Plaintiff's memorandum in support of summary judgment.
In determining the reasonable amount of time for drafting the memorandum in support of summary judgment, this Court has considered the relative simplicity of the memorandum in this case relative to memoranda in support of summary judgment in other cases, as well as counsel's alleged work hours drafting the memorandum and her requested fee in this case compared to the hours drafting memoranda in other social security cases and the requested fees in other social security cases. The Court has also reviewed Plaintiff's counsel's hour logs in other social security cases before the Western District of North Carolina and has compared the hours alleged in those cases with the length and complexity of the briefs in Plaintiff's counsel's other cases. Notably, this later inquiry revealed that counsel typically spends just over one hour drafting each page, even in instances where a case involved multiple distinct issues. See e.g. Brown v. Berryhill, 3:16-cv-00706-MH-DLR (ten hours of work time to draft eleven page brief raising two distinct issues); Andrews v. Colvin, 3:15-cv-00274-MR (approximately nine hours of work time to draft seven page brief raising two related issues); Williams v. Colvin, 3:14-cv-00219-GCM (approximately 8.5 hours of work time to draft six page brief raising two distinct issues). Given the simplicity of the related issues in this case and the general lack of citation to case law in the memorandum in Plaintiff's case, this Court concludes that the listed 16.1 hours for drafting Plaintiff's memorandum in support of summary judgment, contributing to a total requested fee of $4,500.00, is unreasonable. This Court further concludes that nine hours, one hour of drafting time per page, is the maximum, reasonable allowable time for the drafting of the memorandum in support of summary judgment. Therefore, this Court reduces counsel's requested 30.1 hours to 23 hours.
Pursuant to the United States Supreme Court's ruling in Astrue v. Ratliff, 560 U.S. 586 (2010), attorney's fees are payable to Plaintiff as the prevailing party, subject to offset through the Treasury Department's Offset Program to satisfy any pre-existing debt Plaintiff might owe to the federal government. Following the entry of this order, if the Commissioner determines Plaintiff owes no debt to the federal government which must offset, the Commissioner may honor Plaintiff's June 2017 signed assignment of EAJA fees, thus permitting payment of such EAJA fees to Plaintiff's counsel, rather than to the Plaintiff herself. (Doc. 18 at 4). However, if Plaintiff is found to owe any offsetting debt to the federal government, the Commissioner shall pay any remaining attorney's fees to Plaintiff's counsel in accordance with the above agreement.
(1) Plaintiff's Motion for Attorney Fees under the Equal Access to Justice Act (Doc. 14) is
(2) The Commissioner shall pay to Plaintiff reasonable attorney's fees in the amount of $3,438.50, subject to any offsets.