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1

The precise nature of the parties’ agreement is not evident from the pleadings, but it appears that the parties

reached an agreement after Plaintiff’s motion was filed and that they agreed to an award representing less attorney hours

and/or less paralegal hours/rate of compensation.

IN THE UNITED STATES DISTRICT COURT FOR THE

NORTHERN DISTRICT OF FLORIDA

PENSACOLA DIVISION

RONALD SINGLETON,

Plaintiff,

vs. Case No.: 3:03cv581/MCR/EMT

JO ANNE B. BARNHART,

Commissioner of Social Security,

Defendant.

___________________________/

REPORT AND RECOMMENDATION

This matter is before the court upon Plaintiff’s Motion for Attorney Fees and Expenses

Under The Equal Access to Justice Act (EAJA) and Memorandum in Support (Docs. 22, 23), and

Defendant’s response thereto (Doc. 25).

In Plaintiff’s motion, Plaintiff seeks an award of attorney fees, paralegal fees, expenses, and

filing fee costs totaling $3,778.95 (Doc. 22 at 1). Defendant has responded to the motion and states

that the parties have agreed to an award of $3,300.00 in attorney and paralegal fees, $53.45 in

expenses, and reimbursement for the filing fee of $150.00 (Doc. 25).1

The Equal Access to Justice Act, 28 U.S.C. § 2412, allows for the award of attorney fees and

other expenses against the government provided: 1) the party seeking such fees is the “prevailing

party” in a civil action brought by or against the United States, 2) an application for such fees,

including an itemized justification for the amount requested, is timely filed within 30 days of the

final judgment in the action, 3) the position of the government is not substantially justified, and 4)

no special circumstances make an award unjust. The absence of any one of the above factors

precludes an award of fees. 28 U.S.C. § 2412(d)(l)(A), (B).

In Shalala v. Schaefer, 509 U.S. 292, 113 S.Ct. 2625, 124 L.Ed.2d 239 (1993) the Supreme

Court held that a social security Plaintiff who obtained a remand reversing the Commissioner’s

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Case No.: 3:03cv581/MCR/EMT

decision under sentence four of 42 U.S.C. § 405(g) was the “prevailing party,” and as such was

entitled to attorney fees and expenses under the EAJA. Here, the court reversed the decision of the

Commissioner and remanded the case for further proceedings (see Docs. 17, 18). Additionally,

Plaintiff’s application for fees was timely filed, the Commissioner’s position was not substantially

justified, and no special circumstances make an award unjust. Moreover, Defendant does not

disagree that fees and expenses should be paid in this case (Doc. 25), although the parties have

agreed to a lesser amount than that originally sought by Plaintiff. Accordingly, Plaintiff is clearly

entitled to fees and expenses. 

With regard to the question of the reasonableness of the fee sought, 28 U.S.C. §

2412(d)(2)(A) states as follows:

. . . (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

. . . (ii) attorney fees shall not be awarded in excess of $125.00 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.)

Plaintiff’s attorney seeks compensation for time spent representing Plaintiff in court-related

proceedings and in obtaining an award of fees from the court at the rate of $125.00 per hour (Docs.

22, 23). Defendant does not contest the award of attorney and/or paralegal fees totaling $3,300.00,

based upon a reasonable amount of time and hourly rate claimed by Plaintiff’s attorney. Thus,

attorney fees totaling $3,300.00 should be awarded. Moreover, Defendant has represented to the

court that they do not contest expenses totaling $53.45 and filing fee costs in the amount of $150.00;

however, Defendant asserts that the filing fee should be paid from the Judgment Fund administered

by the United States Treasury.

It is therefore respectfully RECOMMENDED that:

1. Plaintiff’s Motion For Attorney Fees And Costs (Doc. 22) be granted as follows:

Plaintiff’s counsel, Deborah Cooper Horimoto, Esquire, is

entitled to recover fees and expenses in the amount of

$3,353.45 for representing Plaintiff before the United States

District Court for the Northern District of Florida pursuant to

28 U.S.C. § 2412 (EAJA); the amount of attorney fees

requested under the EAJA is reasonable; and the

Commissioner is directed to pay counsel that amount. Costs

in the amount of $150.00 are also awarded, to be paid from

the Judgment Fund of the United States Treasury.

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Case No.: 3:03cv581/MCR/EMT

At Pensacola, Florida, this 9th day of May 2006.

/s/ Elizabeth M. Timothy 

ELIZABETH M. TIMOTHY

UNITED STATES MAGISTRATE JUDGE

NOTICE TO THE PARTIES

Objections to these proposed findings and recommendations may be filed within ten

(10) days after being served a copy thereof. A copy of objections shall be served upon the

magistrate judge and all other parties. Failure to object may limit the scope of appellate

review of factual findings. See 28 U.S.C. § 636; United States v. Roberts, 858 F.2d 698, 701

(11th Cir. 1988).

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