Ballenger v. Commissioner of Social Security
6:14-cv-01200
M.D. Fla.Sep 24, 2015Background
- Plaintiff Toni Lynn Ballenger sought judicial review of an adverse Social Security benefits decision; the district court entered final judgment reversing the Commissioner on August 13, 2015.
- Plaintiff filed an uncontested motion for attorney’s fees under the Equal Access to Justice Act (EAJA), seeking $3,819.01.
- Fee request breakdown: attorney Richard A. Culbertson (1.2 hrs in 2014; 1.3 hrs in 2015), attorney Sarah Fay (9.5 hrs in 2014; 0.6 hrs in 2015), and paralegal Michael Culbertson (19 hrs in 2014).
- Counsel requested adjusted hourly EAJA rates of $190.06 (2014) and $189.67 (2015) based on CPI adjustments to the $125 statutory rate, and $75.00/hr for paralegal time.
- The Commissioner did not object to the fee amount or the adjusted hourly rates and parties agreed the Commissioner may decide whether to honor an assignment of EAJA fees to counsel after checking for federal debt.
- Magistrate Judge Spaulding recommended awarding the requested $3,819.01 and permitting the Commissioner, in her discretion, to pay counsel directly if appropriate.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Whether EAJA hourly rates above $125 are justified | Ballenger argued CPI increases justify adjusted rates of $190.06 (2014) and $189.67 (2015) | Commissioner did not object to the adjusted rates | Magistrate: CPI-based adjustments are within EAJA limits and reasonable absent objection |
| Whether paralegal time is compensable under EAJA | Ballenger sought $75/hr for 19 paralegal hours, asserting work was traditionally attorney work | Commissioner did not object | Magistrate: Paralegal fees recoverable where work is traditionally attorney work; $75/hr reasonable in Central Florida |
| Whether total hours billed are reasonable | Ballenger submitted time records totaling requested hours | Commissioner did not object | Magistrate: Total attorney and paralegal hours found reasonable absent objection |
| Whether EAJA fees may be paid directly to counsel under an assignment | Ballenger asserted retainer assignment and requested fees to counsel if no federal debt | Commissioner reserved discretion and has taken inconsistent positions on assignments | Magistrate: Do not require direct payment to counsel; permit Commissioner, in her discretion, to pay counsel if appropriate |
Key Cases Cited
- Jean v. Nelson, 863 F.2d 759 (11th Cir.) (paralegal fees recoverable under EAJA when work is traditionally performed by an attorney)