Carroll v. Astrue

850 F. Supp. 2d 625, 2012 WL 379996, 2012 U.S. Dist. LEXIS 13729
CourtDistrict Court, W.D. North Carolina
DecidedFebruary 6, 2012
DocketCivil Case No. 2:09cv54
StatusPublished
Cited by1 cases

This text of 850 F. Supp. 2d 625 (Carroll v. Astrue) is published on Counsel Stack Legal Research, covering District Court, W.D. North Carolina primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
Carroll v. Astrue, 850 F. Supp. 2d 625, 2012 WL 379996, 2012 U.S. Dist. LEXIS 13729 (W.D.N.C. 2012).

Opinion

ORDER

MARTIN REIDINGER, District Judge.

THIS MATTER is before the Court on the Plaintiffs Motion for Attorney’s Fees under the Equal Access to Justice Act and the Social Security Act [Doc. 21] and Plaintiffs Motion for Attorney’s Fees under the Social Security Act [Doc. 26].

I. PROCEDURAL HISTORY

On October 22, 2010, this matter was remanded to the Social Security Administration pursuant to Sentence Four of 42 U.S.C. § 405(g) on the Defendant’s unopposed motion for reversal and remand for further administrative proceedings. [Doc. 18]. On January 14, 2011, the Plaintiff filed a motion for attorney’s fees in the amount of $6,812.12 pursuant to the Equal Access to Justice Act (EAJA), 28 U.S.C. § 2412(d). [Doc. 21]. Plaintiffs request for an award of attorneys’ fees was based in part on work performed by Russell R. Bowling, an attorney licensed in North Carolina and admitted to the bar of this Court, and in part on work performed by Charles Martin and Jane Muller-Peterson, out-of-state attorneys who are not admitted to practice in this District. [See Doc. 22] , On January 21, 2011, the Defendant moved the Court to hold the Plaintiffs motion in abeyance until the Court of Appeals for the Fourth Circuit had decided a pending appeal in the case of Priestley v. Astrue, a South Carolina case also involving Charles Martin, which presented the issue of whether attorneys who are not admitted to practice before the district court in which the case is pending should be compensated under the EAJA. [Doc. 23] . The Court granted the Defendant’s motion on February 25, 2011, and the Plaintiffs request for attorney’s fees was therefore held in abeyance. [Doc. 24].

[627]*627On July 7, 2011, the Court of Appeals for the Fourth Circuit issued an opinion in Priestley v. Astrue, 651 F.3d 410, 418 (4th Cir.2011). Thereafter, the Plaintiff received notification from the Social Security Administration on September 1, 2011 that a favorable decision had been rendered in his case. [Doc. 27-1]. The Social Security Administration commenced paying benefits to the Plaintiff and withheld the sum of $18,709.75 to pay any subsequent award of attorneys’ fees. [Id.]. The Plaintiff then filed a motion seeking an award of attorney’s fees in the amount of $8,709.75 pursuant to 42 U.S.C. § 406(b)(1).1 [Doc. 26]. The Defendant subsequently filed responses to both of Plaintiffs motions, indicating that he does not have any opposition to the fees requested. [Docs. 30, 32].

II. DISCUSSION

As noted above, this matter had been held in abeyance pending a decision by the Fourth Circuit Court of Appeals in Priestley. Now that the Priestley case has been decided, this matter is ripe for disposition.

The parties offer no argument as to what effect, if any, the Priestley decision has on the Plaintiffs ability to recover fees for the work performed by attorneys Martin and Muller-Peterson. As the Defendant has consented to the amount of fees requested by the Plaintiff, it is presumably the position of both parties that Priestley has no adverse effect whatsoever on the Plaintiffs ability to recover. Nevertheless, the Court must examine the issue.

Priestley was a consolidated appeal of three separate Social Security cases filed in the District Court for South Carolina. 651 F.3d at 412. In each case, the plaintiff was represented by a South Carolina attorney, Paul T. McChesney. Id. In the course of representing these plaintiffs, McChesney retained attorneys Charles Martin and Perrie H. Naides of the firm Martin and Jones, a Georgia law firm, to assist him by providing legal research and drafts of briefs and other filings. Id. at 413. Martin and Naides were not licensed to practice law in South Carolina, nor were they admitted to practice in the district court. Id. In the course of their work on the plaintiffs’ cases, Martin and Naides never spoke with the plaintiffs nor with opposing counsel. Id. Rather, their involvement was limited to submitting draft pleadings to McChesney, who then reviewed, edited, signed, and filed the documents. Id. Occasionally, Martin was listed on filed documents as “attorney for plaintiff’ or as being “on the brief,” and on some occasions, his name was accompanied by an electronic signature. Id. In their affidavits submitted in submitted in support of the fee request, Martin described himself as “counsel for the plaintiff,” and Naides stated that she “provided legal services in support of the representation.” Id. at 413-14.

The district court in Priestley declined to award fees under the EAJA to the plaintiffs for the work performed by Martin and Naides. Specifically,' the district court reasoned that the attorneys’ failure to gain admission under the court’s local rules constituted a “special circumstance” which rendered a fee award for their work “unjust” under 28 U.S.C. § 2412(d)(1)(A). Id. at 414. On appeal, the Fourth Circuit reversed. Noting the limited role that Martin and Naides served in representing the plaintiffs, the Court concluded that the use of these non-admitted lawyers for brief writing services did not present special circumstances sufficient to deny a fee [628]*628award under the EAJA. Id. at 418 (“While it may be unjust to compensate individuals who, without proper licensure, directly represent clients and, on their behalf, file papers and appear before the court, there is nothing inequitable or ‘unclean’ about the supporting role that Martin and Naides actually played in these cases.”).

Thus, according to the rule announced in Priestley, a party may recover fees under the EAJA for the work performed by a non-admitted attorney, so long as that attorney maintains a limited “supporting role,” such as providing brief writing services to a party’s counsel. If the non-admitted attorney engages in direct representation of the client, such as appearing before the court, meeting with the client, contacting opposing counsel, or filing papers on the client’s behalf, then the Court may decline to award fees for such attorney’s work under the EAJA.

In the present case, Martin is licensed only in the State of Georgia, and Muller-Peterson is licensed only in the Commonwealth of Pennsylvania. Neither Martin nor Muller-Peterson is admitted to practice before this Court, and neither has requested or obtained pro hae vice admission in this case. Thus, in order to determine whether the Plaintiff is entitled to recover fees for the services rendered by these attorneys, the Court must analyze the nature of the work they performed as well as their relationship with the Plaintiff.

In his Affidavit submitted in support of the EAJA fee request, Martin describes himself as an “attorney providing District Court and brief writing services for Russell R. Bowling, attorney for plaintiff.”2 [Doc.

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Bluebook (online)
850 F. Supp. 2d 625, 2012 WL 379996, 2012 U.S. Dist. LEXIS 13729, Counsel Stack Legal Research, https://law.counselstack.com/opinion/carroll-v-astrue-ncwd-2012.