Shingleton v. Commissioner of Social Security Administration, No. 5:2018cv00838 - Document 27 (W.D. Okla. 2020)
Court Description: ORDER granting 24 Plaintiff's Motion for Attorney's Fees Under the Equal Access to Justice Act (as more fully set out). Signed by Honorable Patrick R Wyrick on 1/29/2020. (ks)
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opinion controlling weight, nor explicitly state how much weight, if any, it gave to the opinion. 8 See Krauser v. Astrue, 638 F.3d 1324, 1330 (10th Cir. 2011). 9 Id. 10 Id. Def.’s Obj. to Mot. for Attorney’s Fees Under the Equal Access to Justice Act (Dkt. 26) at 5–6. 11 3 Because the ALJ did not follow the required two-step inquiry, Defendant’s position in the civil action was not substantially justified. (3) No special circumstances would make an award unjust Defendant does not argue that any special circumstances would make an award unjust; the Court is also unaware of any such special circumstances. The Court also notes that Defendant does not contest Plaintiff’s assertion that he meets the net worth requirements of 28 U.S.C. § 2412(d)(2)(B) to be considered a “party” under the EAJA and eligible to recover fees. Amount of Fee Award Plaintiff requests an award of $6,487.50 in EAJA fees calculated as follows: • 27.2 attorney hours for work performed in 2018 at a rate of $202.00 per hour; 2.9 attorney hours for work performed in 2019 at a rate of $204.00 per hour. • 3.65 paralegal hours for work performed in 2018 and 2019 at a rate of $110.00 per hour.12 Plaintiff’s counsel has provided an itemized statement of the actual time expended by counsel and a paralegal representing Plaintiff in the district court litigation. The Court finds that Plaintiff’s uncontested statement is a reasonable amount of time expended in this matter. The EAJA caps an award of attorney’s fees at $125.00 per hour, unless the Court determines that “an increase in the cost of living” or some “special factor” justifies a higher 12 Itemized Statement (Dkt. 24-1). 4 fee.13 Plaintiff requests an hourly rate of $202.00 per hour for work performed in 2018, and $204.00 per hour for work performed in 2019. In support, Plaintiff provides an August 2019 memorandum from the Social Security Office of the General Counsel in Denver stating that these are the reasonable maximum hourly rates for attorney work performed in 2018 and 2019 in social security matters in the district courts of Oklahoma. 14 The Court finds that these hourly rates, to which Defendant does not object, are reasonable. Plaintiff may also “recover [his] paralegal fees from the Government at prevailing market rates.”15 He requests an hourly rate of $110.00 for work performed in both 2018 and 2019. Again, Defendant does not object to this rate. The Court finds that this rate is consistent with the prevailing market rates in the Western District of Oklahoma.16 Accordingly, the Court finds that Plaintiff’s Motion for Attorney’s Fees Under the Equal Access to Justice Act (Dkt. 24) should be GRANTED. The Court awards Plaintiff $6,487.50 in attorney’s and paralegal fees. This amount shall be paid directly to Plaintiff and sent in care Miles L. Mitzner, Mitzner Law Firm, 809 East 33rd Street, Edmond, Oklahoma 73013. 13 28 U.S.C. § 2412(d)(2)(A). 14 Memo. of Denver OGC Office Regarding Social Security Litigation in Oklahoma & New Mexico (Dkt 25-1). 15 Richlin Sec. Serv. Co. v. Chertoff, 553 U.S. 571, 590 (2008). 16 See, e.g., Vincent v. Berryhill, 247 F. Supp. 3d 1228, 1233 (W.D. Okla. 2017). 5 IT IS SO ORDERED this 29th day of January, 2020. 6
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