Henegar v. SSA

• Court: District Court, E.D. Kentucky
• Decided: October 13, 2022
• Docket: 6:22-cv-00051
• Status: Unknown

Opinion

UNITED STATES DISTRICT COURT EASTERN DISTRICT OF KENTUCKY SOUTHERN DIVISION (at London)

CLAUDE HENEGAR, ) ) Plaintiff, ) Civil Action No. 6: 22-051-DCR ) V. ) ) KILOLO KIJAKAZI, ACTING ) COMMISSIONER OF SOCIAL ) MEMORANDUM ORDER SECURITY, ) ) Defendant. )

*** *** *** *** Plaintiff Claude Henegar protectively filed an application for Supplemental Security Income benefits on June 4, 2020. [Administrative Transcript (“Tr.”) 321-37] Administrative Law Judge (“ALJ”) Joyce Francis issued a written decision denying Henegar’s claims on November 3, 2021. [Tr. 10-36] Thereafter, the Appeals Council denied his request for review. [Tr. 1-6] Henegar filed this action on March 11, 2022, contending that the ALJ’s decision was not supported by substantial evidence. [Record No. 1] After filing an answer denying the plaintiff’s allegations, the Acting Commissioner of Social Security filed an unopposed motion to remand the matter to the Social Security Administration for a rehearing pursuant to sentence four of 42 U.S.C. § 405(g). [Record Nos. 9, 13] That motion was granted. [Record No. 14] Patrick House, counsel for the plaintiff, has now filed a motion for attorney fees pursuant to the Equal Access to Justice Act (EAJA), 28 U.S.C. § 2412. [Record No. 16] Specifically, House seeks fees of $3,125.00, based on 25 hours of work performed at a rate of $125.00 per hour. [Id.] The defendant does not object to the amount requested. [Record No. 17] The EAJA requires payment of fees and expenses to the prevailing party in an action

against the United States unless the government’s position was substantially justified. 28 U.S.C. § 2412(d)(1)(A). The EAJA authorizes awarding fees “based upon prevailing market rates for the kind and quality of the services furnished,” but specifies that the award “shall not [exceed] $125 per hour unless the court determines that an increase in the cost of living or a special factor . . . justifies a higher fee.” 28 U.S.C. § 2412(d)(2)(A). A party seeking fees under the EAJA must submit an application within 30 days after a final judgment including “(1) a showing that the applicant is a prevailing party; (2) a showing that the applicant is

eligible to receive an award . . . and (3) a statement of the amount sought together with an itemized account of time expended and rates charged.” Scarborough v. Principi, 541 U.S. 401, 408 (2004) (citing 28 U.S.C. § 2412(d)(1)(B)). The party seeking fees must also allege that the position of the United States was not substantially justified. Id. Henegar is a “prevailing party” under the statute because his case was remanded under sentence four of 42 U.S.C. § 405(g). See Turner v. Comm’r of Soc. Sec., 680 F.3d 721, 723

(6th Cir. 2012) (citing Shalala v. Schaefer, 509 U.S. 292, 300 (1993) (“A sentence four remand makes the plaintiff a ‘prevailing party’ under the EAJA.”)). And he is eligible to receive an award because his net worth did not exceed two million dollars at the time he filed his complaint. [See Record No. 3.] Additionally, House has provided an itemized account of the time expended on this case, which is reasonable. [Record No. 16-1, pp. 2-3] Finally, the plaintiff’s motion alleges that the position of the United States was not substantially justified. [Record No. 16, p. 2] Because Henegar’s motion complies with the EAJA’s requirements, the plaintiff will be awarded attorney’s fees in the amount of $3,125.00, based on 25 hours worked at a rate of $125.00 per hour. Henegar’s motion includes a request that the award be paid directly to House. [Record No. 16] However, an award under the EAJA is payable to the prevailing party, not to the party’s attorney. See Astrue v. Ratliff, 560 U.S. 586, 591-93 (2010). Accordingly, it is hereby ORDERED as follows: 1. The Motion for Fees under the Equal Access to Justice Act, 28 U.S.C. § 2412 [Record No. 16] is GRANTED. 2. The plaintiff is awarded $3,125.00 in attorney’s fees under the Equal Access to Justice Act, 28 U.S.C. § 2412(d). The award shall be payable to Claude Henegar. Dated: October 13, 2022. ALE = CP □ ti Danny C. Reeves, Chief Judge arene (United States District Court Ss” Eastern District of Kentucky

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