Steele v. Commissioner of Social Security

989 F. Supp. 2d 686, 2013 WL 6115784, 2013 U.S. Dist. LEXIS 165268
CourtDistrict Court, S.D. Ohio
DecidedNovember 20, 2013
DocketCase No. 3:12-cv-156
StatusPublished

This text of 989 F. Supp. 2d 686 (Steele v. Commissioner of Social Security) is published on Counsel Stack Legal Research, covering District Court, S.D. Ohio primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
Steele v. Commissioner of Social Security, 989 F. Supp. 2d 686, 2013 WL 6115784, 2013 U.S. Dist. LEXIS 165268 (S.D. Ohio 2013).

Opinion

DECISION AND ENTRY

WALTER HERBERT RICE, District Judge.

The Court has reviewed the Report and Recommendation of United States Magistrate Judge Michael J. Newman (Doc. #21), to whom this case was originally referred pursuant to 28 U.S.C. § 636(b), and noting that no objections have been filed thereto and that the time for filing such objections under Fed.R.Civ.P. 72(b) has expired, hereby ADOPTS said Report and Recommendation.

Accordingly, it is hereby ORDERED that:

1. The Report and Recommendation filed on October 30, 2013 (Doc. # 21) is ADOPTED in full;
2. Plaintiffs motion for an EAJA fees and costs award (Doc. # 15) is GRANTED, and Plaintiff is entitled to an EAJA fees/costs award in the total amount of $4,690.00. Accordingly, Plaintiff is AWARDED the sum of $4,690.00; and
3. The case remains TERMINATED on the docket of this Court.

REPORT AND RECOMMENDATION1

MICHAEL J. NEWMAN, United States Magistrate Judge.

This case is before the Court pursuant to a timely-filed motion by Plaintiffs counsel for an award of $4,690.00 in attorney’s fees and costs under the Equal Access to Justice Act (“EAJA”), 28 U.S.C. § 2412(d). Doc. 15. The Commissioner filed a memorandum in opposition in response to Plaintiffs motion, following which the Court ordered Plaintiffs counsel to supplement his initial filing with additional evidence. Docs. 17, 20. Counsel thereafter filed such evidence. Doc. 20. This matter is now before the Court for review.

I.

EAJA provides for an award of attorney’s fees and costs to a party who prevails in a civil action against the United States “when the position taken by the Government is not substantially justified and no special circumstances exist warranting a denial of fees.” Bryant v. Comm’r of Soc. Sec., 578 F.3d 443, 445 (6th Cir.2009) (citing 28 U.S.C. § 2412(d)(1)(A)). “Substantially justified,” [688]*688for EAJA purposes, means “justified to a degree that could satisfy a reasonable person.” Pierce v. Underwood, 487 U.S. 552, 565, 108 S.Ct. 2541, 101 L.Ed.2d 490 (1988). The government has the burden of establishing that its position was substantially justified. Scarborough v. Principi, 541 U.S. 401, 415, 124 S.Ct. 1856, 158 L.Ed.2d 674 (2004). A claimant who obtains a Sentence Four remand is a prevailing party for EAJA purposes. See Shalala v. Schaefer, 509 U.S. 292, 301-02, 113 S.Ct. 2625, 125 L.Ed.2d 239 (1993). EAJA fees are payable directly to the litigant. Astrue v. Ratliff, 560 U.S. 586, 130 S.Ct. 2521, 2524, 177 L.Ed.2d 91 (2010).

II.

On February 19, 2013, 2013 WL 622449, Judge Rice issued a Decision and Entry adopting Magistrate Judge Merz’s Report and Recommendation, thereby reversing the ALJ’s non-disability finding and remanding this matter pursuant to Sentence Four of 42 U.S.C. § 405(g) for additional administrative proceedings.2 Docs. 12, 13. Accordingly, Plaintiff is the prevailing party for EAJA purposes, and is therefore eligible for an award of attorney’s fees and costs under 28 U.S.C. § 2412(d)(1)(A). See Shalala, 509 U.S. at 301-02, 113 S.Ct. 2625. As noted above, Plaintiffs counsel requests an award of attorney’s fees and costs in the amount of $4,690.00. Doc. 15-1 at PagelD 113. This represents 24.80 attorney hours at an hourly rate of $175.00, plus $350.00 in court costs. Id. The Commissioner does not object to the 24.80 hours expended by Plaintiffs counsel or the request to be reimbursed for the $350.00 filing fee. Doc. 17 at PagelD 119. Nor does the Commissioner dispute the issue of substantial justification. Id. This leaves before the Court the sole issue of whether or not Plaintiffs counsel has adequately justified an entitlement to the requested hourly rate of $175.00, a rate in excess of the $125.00 statutory maximum. Doc. 17 at PagelD 124.

Under EAJA, attorney’s fees should not be granted “in excess of $125 per hour unless the court determines that an increase in the cost of living or a special factor, such as the limited availability of qualified attorneys for the proceedings involved, justifies a higher fee.” 28 U.S.C. § 2412(d)(2)(A). In determining the hourly rate for an attorney’s fee award, the Court must first consider the prevailing market rate charged by Social Security practitioners in the community. See id. (providing that the amount of EAJA fees “shall be based upon prevailing market rates for the kind and quality of the services furnished”); see also Blum v. Stenson, 465 U.S. 886, 895 n. 11, 104 S.Ct. 1541, 79 L.Ed.2d 891 (1984) (holding that a determination of the reasonableness of attorney’s fees requires a consideration of whether the rate is commensurate with fees charged in the community by counsel with comparable skill). Counsel who seeks a higher hourly rate bears the burden of producing necessary evidence to support the proposed increase. Bryant, 578 F.3d at 450. Counsel must “produce satisfactory evidence — in addition to the attorney’s own affidavits — that the requested rates are in line with those prevailing in the community for similar services by lawyers of reasonably comparable skill, experience, and reputation.” Blum, 465 U.S. at 895 n. 11, 104 S.Ct. 1541.

[689]*689In Douglas v. Astrue, the Court applied the holding in Bryant to describe the evidence necessary for an award above the statutory maximum. No. 8:10-cv-188, 2012 U.S. Dist. LEXIS 36735, at *4, 2012 WL 931100 at *2 (S.D.Ohio Mar. 19, 2012) (Rice, J.). The Court found that the submission of the Consumer Price Index (“CPI”), and an affidavit by plaintiffs counsel, were insufficient to satisfy the burden. Id. at 2012 U.S. Dist. LEXIS 36735, at *6, 2012 WL 931100, at *3. Rather, the Court held that additional proof is required to demonstrate the requested rates are in line with those prevailing in the community. Accord Willis v. Astrue, No. 1:10-ev-594, 2012 U.S. Dist. LEXIS 18393, at *2, 2012 WL 481357, at *3 (S.D.Ohio Feb. 14, 2012) (Bowman, M.J.) (holding that plaintiffs counsel who submitted only the CPI failed to satisfy Bryant, and was therefore limited to the $125.00 per hour statutory cap). With these principles in mind, the Court turns to the present fee request.

III.

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Related

Blum v. Stenson
465 U.S. 886 (Supreme Court, 1984)
Thomas v. Arn
474 U.S. 140 (Supreme Court, 1986)
Pierce v. Underwood
487 U.S. 552 (Supreme Court, 1988)
Shalala v. Schaefer
509 U.S. 292 (Supreme Court, 1993)
Scarborough v. Principi
541 U.S. 401 (Supreme Court, 2004)
Astrue v. Ratliff
560 U.S. 586 (Supreme Court, 2010)
Bryant v. Commissioner of Social Security
578 F.3d 443 (Sixth Circuit, 2009)

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Bluebook (online)
989 F. Supp. 2d 686, 2013 WL 6115784, 2013 U.S. Dist. LEXIS 165268, Counsel Stack Legal Research, https://law.counselstack.com/opinion/steele-v-commissioner-of-social-security-ohsd-2013.