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IN THE UNITED STATES DISTRICT COURT

FOR THE NORTHERN DISTRICT OF TEXAS

ABILENE DIVISION

DONNA O.,1

Plaintiff,

v.

COMMISSIONER OF SOCIAL 

SECURITY,

Defendant.

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 Civil Action No. 1:22-CV-00128-H-BU

FINDINGS, CONCLUSIONS, AND RECOMMENDATIONS

OF THE UNITED STATES MAGISTRATE JUDGE

Plaintiff Donna O. filed this action seeking judicial review of an unfavorable 

decision of the Commissioner of Social Security regarding their Title II Social Security 

disability and disability insurance benefits. See Dkt. No. 1. Under Special Order No. 3-251 

of this Court, this case was automatically referred to the undersigned for the determination 

of non-dispositive motions and the issuance of findings, conclusions, and 

recommendations of dispositive matters. 

After reviewing Plaintiff’s and Commissioner’s briefs, the undersigned

recommended that the Court reverse the ALJ’s decision and remand the case for further 

administrative action under the fourth sentence of 42 U.S.C. § 405(g). Dkt. No. 19. United 

States District Judge James Wesley Hendrix issued an Order and Judgment accepting the 

1 Due to concerns regarding the privacy of sensitive personal information available to the public through 

opinions in Social Security cases, Plaintiff is identified only by first name and last initial.

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recommendation. Dkt. Nos. 20–21. His Order reversed the ALJ’s decision and remanded

the case to the Commissioner of Social Security for further proceedings. Dkt. No. 20.

Now before the Court is Plaintiff’s Unopposed Motion for Attorney’s Fees under 

the Equal Access to Justice Act (EAJA), filed November 1, 2023. Dkt. No. 23. The Motion 

includes a certification that Plaintiff’s counsel has conferred with counsel for the 

Commissioner and that there is no objection to the Motion. Dkt. No. 23-8.

In the brief supporting the Motion, Plaintiff asserts that attorney’s fees are justified 

because Plaintiff is the prevailing party, and the Social Security Administration’s position 

was not substantially justified. Dkt. No. 23-7 at 1–2. Plaintiff seeks recovery for 22.5 hours 

of attorney services at an hourly rate of $224.12 for the 2.7 hours expended in 2022 and an 

hourly rate of $232.20 for the 19.8 hours expended in 2023 (including the 1.5 hours spent 

preparing their Motion for attorney’s fees and sending them to the Commissioner for 

review). Dkt. Nos. 23, 23-3. Plaintiff also seeks to recover for 5.8 hours of paralegal 

services at an hourly rate of $100.00. Dkt. No. 23 at 2. The total amount of requested 

attorney’s fees is $5,782.68. Id. at 4. Additionally, Plaintiff asks the Court to award $19.71 

in expenses for certified mailing related to the service of process. Dkt. No. 23 at 3. 

The undersigned has independently determined that the hourly rate and the number 

of hours sought by Plaintiff are reasonable. See Alexander v. Saul, 3:19-CV-0511-K-BH, 

2020 WL 7327984, at *2 (N.D. Tex. Nov. 12, 2020) (collecting cases that found high 

numbers of attorney hours were reasonable given the plaintiff’s success and considering 

all the work performed).

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Courts are divided on whether EAJA permits recovery for costs attendant to 

certified mailing. See Guerra v. Saul, No. 5-19-CV-00711-RBF, 2020 WL 13441546, at 

*3 (W.D. Tex. Nov 6, 2020) (citing Wade v. Colvin, No. CIV.A 2013-28 WOB, 2015 WL 

350660, at *2 n.1 (E.D. Ky. Jan. 23, 2015). In Guerra, the Court awarded $16.80 for costs 

of certified mailing and cited in support of its conclusion the Commissioner’s nonopposition to the award, EAJA’s purpose, the low sum requested, and the burden avoided 

by the U.S. Marshal because of the plaintiff’s use of certified mail. Id. The undersigned 

finds that those same reasons support granting Plaintiff’s request for $19.71 in mailing 

expenses.

Accordingly, the undersigned RECOMMENDS that the Court GRANT Plaintiff’s 

Motion and award $5,782.68 in attorney’s fees and $19.71 in costs to be paid to Plaintiff 

in the care of her attorney.

ORDERED this 3rd day of November 2023.

JOHN R. PARKER

UNITED STATES MAGISTRATE JUDGE

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