Brown v. Commissioner of Social Security

IN THE UNITED STATES DISTRICT COURT

FOR SOUTHERN DISTRICT OF ILLINOIS

REGINALD N. B.,1 )

)

Plaintiff, )

)

vs. ) Case No. 3:22-cv-1369-DWD

)

COMMISSIONER OF SOCIAL )

SECURITY, )

)

Defendant. )

MEMORANDUM AND ORDER

DUGAN, District Judge:

Before the Court is Plaintiff’s Petition to Award Attorney Fees Pursuant to the

Equal Access to Justice Act (“EAJA”) (Doc. 30) and Defendant’s Response (Doc. 31)

thereto. See 28 U.S.C. § 2412. Plaintiff requests attorney fees and expenses totaling

$6,480.00 ($225 per hour x 28.8 hours).2 Plaintiff seeks for “the hourly rate of $125.00 per

hour [to] be increased to $225.00 based on the U.S. Department of Labor’s Cost-of-Living

statistics,” and argues that increase would be reasonable See (Doc. 30, pgs. 2-3).

Defendant does not oppose the Petition for attorney fees and expenses totaling

$6,480.00. (Doc. 31, pg. 1). However, Defendant requests specific language in this

Memorandum & Order, reflecting that any fees paid belong to Plaintiff, not Plaintiff’s

attorney, and can be offset to satisfy pre-existing debt that Plaintiff owes to the United

States. See Astrue v. Ratliff, 560 U.S. 586, 593 (2010) (holding subsection (d)(1)(A) of § 2412

1Plaintiff’s full name will not be used due to privacy concerns.

2Plaintiff seeks attorney fees and expenses but not costs, as no additional costs are associated with

the case. (Doc. 30, pg. 3).

awards attorney fees and expenses to the litigant, as to subject the attorney fees and

expenses to a federal administrative offset for outstanding federal debts).

Now, § 2412(d)(1)(A) and (B), in part, provide as follows:

(d)(1)(A)…[A] court shall award to a prevailing party other than the United

States fees and other expenses…incurred by that party in any civil action

(other than cases sounding in tort), including proceedings for judicial

review of agency action, brought by or against the United States in any

court having jurisdiction of that action, unless the court finds that the

position of the United States was substantially justified or that special

circumstances make an award unjust.

(B) A party seeking an award of fees and other expenses shall, within thirty

days of final judgment in the action, submit to the court an application for

fees and other expenses which shows that the party is a prevailing party

and is eligible to receive an award under this subsection, and the amount

sought, including an itemized statement from any attorney…stating the

actual time expended and the rate at which fees and other expenses were

computed. The party shall also allege that the position of the United States

was not substantially justified. Whether or not the position of the United

States was substantially justified shall be determined on the basis of the

record (including the record with respect to the action or failure to act by

the agency upon which the civil action is based) which is made in the civil

action for which fees and other expenses are sought.

28 U.S.C. § 2412(d)(1)(A)-(B).

Here, the Court FINDS Plaintiff’s Petition and the attached Exhibits satisfy the

requirements of the above-quoted statutory provision. (Docs. 30; 30-1 to 30-5). The Court

FURTHER FINDS an award of $6,480.00, representing an increase to $225 per hour as

agreed by the parties, is reasonable. See 28 U.S.C. § 2412(d)(2)(A) (“The amount of fees

awarded under this subsection shall be based upon prevailing market rates for the kind

and quality of the services furnished, except that…attorney fees shall not be awarded 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.”). As such, the Court GRANTS the Petition.

Plaintiff is awarded $6,480.00 for attorney fees and expenses in full satisfaction of

any and all claims that may be payable to Plaintiff in this matter under the EAJA, 28

U.S.C. § 2412. Any fees paid belong to Plaintiff, not to Plaintiff’s attorney, and can be

offset to satisfy any pre-existing debt that the litigant owes to the United States. See Astrue,

560 U.S. at 593. If Defendant can verify Plaintiff does not owe a pre-existing debt to the

Government subject to the offset, Defendant shall direct that the award be made payable

to Traci L. Severs under the EAJA assignment duly signed by Plaintiff.3 If the payment is

mailed, as compared to electronically deposited, it shall be mailed to counsel’s address

of record: Post Office Box 621, Manchester, Missouri 63021.

SO ORDERED.

Dated: November 22, 2023

s/ David W. Dugan

__________________________

DAVID W. DUGAN

United States District Judge

3An Assignment of EAJA Attorney Fees was attached as an Exhibit to the Petition. (Doc. 30-2).