UNITED STATES DISTRICT COURT

NORTHERN DISTRICT OF INDIANA

FORT WAYNE DIVISION

ELLEN R. BROWN, )

)

Plaintiff )

)

vs. ) CAUSE NO. 1:13-CV-34 RLM

)

CAROLYN W. COLVIN, Acting )

Commissioner of Social Security, )

)

Defendant )

OPINION and ORDER

This cause is before the court on Ellen Brown’s motion for attorney’s fees

and expenses under the Equal Access to Justice Act, 28 U.S.C. § 2412, following

the court’s entry of final judgment remanding the case to the Commissioner of

Social Security for further proceedings. Ms. Brown requests an award of fees in

the amount of $7,461.36; the Commissioner hasn’t opposed her request.

The EAJA permits recovery of attorney fees based on “prevailing market

rates,” but not 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). Ms. Brown requests fees for her attorney at the rate of $185.40 per

hour for work performed in 2013 and $186.89 per hour for work performed in

2014. She also requests fees at the rate of $100.00 per hour for work done by

counsel’s law clerk. Ms. Brown maintains an hourly fee greater than $125.00 for
counsel is warranted based on inflation and the limited availability of qualified

attorneys to litigate Social Security disability cases without a COLA, Mot., at 4, as

evidenced by affidavits of two attorneys who handle Social Security cases in the

Seventh Circuit and report that while they do not have non-contingent

hourly-rates for social security work in federal courts, their non-contingent hourly

rate for work comparable to social security appeals (such as insurance or other

benefit-related work) ranges from $275 to $500 per hour. See Mot., at 4 & Exh.

D. Ms. Brown notes, too, that the cost of doing business for her attorney has risen

dramatically since 1996, i.e., rent, wages, employer-sponsored health insurance,

and research tools, warranting a cost-of-living adjustment.

In accordance with Section 204(d) of the Act, Ms. Brown has submitted an

itemized statement from her attorney showing “the actual time expended and the

rate at which fees and other expenses were computed.” 28 U.S.C. § 2412(d)(1)(B).

Counsel explains that her hourly rates for work performed in 2013 and 2014 are

based on “the cost of living adjustments allowed by statute when employing the

‘All items’ figure provided by the Midwest Consumer Price Index,” which is

attached to the motion. Mot., at 3-4 & Exh. A. 

The court finds that “given the passage of time since the establishment of

the hourly rate, a cost-of-living adjustment is warranted,” and counsel’s use of the

Consumer Price Index to calculate an appropriate inflation adjustment is

reasonable. Tchemkou v. Mukasey, 517 F.3d 506, 512 (7th Cir. 2008); see also

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Williams v. Astrue, No. 11 C 2053, 2013 WL 250795, at *2 (N.D. Ill. Jan. 23, 2013)

(“Courts in this district have allowed claimants to use the Consumer Price Index

to adjust hourly attorneys’ rates to account for cost of living increases in EAJA

cases.”). Counsel’s claim for work done by her law clerk is also reasonable and

comparable to those awarded in similar cases. See, e.g., Chorak v. Astrue, No.

2:11cv114, 2012 WL 1577448 at *2-*3 (N.D. Ind. May 4, 2012) (approving $125

per hour for law clerk and $100 per hour for paralegal); Johnson v. McMahon, No.

05-C-129, 2007 WL 5614102, at *7 (W.D. Wis., Feb. 13, 2007) (approving $100

per hour for paralegal services); Barrientos v. Barnhart, No. 00-C-7407, 2003 WL

1381126, at *2 (N.D. Ill. May 7, 2004) (same). As noted above, the Commissioner

hasn’t challenged or objected to the hourly rates charged or the amount of fees

requested by Ms. Brown.

Based on the foregoing, the court GRANTS Ms. Brown’s motion for an award

of fees under the Equal Access to Justice Act [docket # 30]. Pursuant to 28 U.S.C.

§ 2412(d), the court finds that Ms. Brown is entitled to an award of fees in the

amount of $7,461.36.

SO ORDERED

ENTERED: February 5, 2015 

 /s/ Robert L. Miller, Jr. 

Judge, United States District Court

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