HARGROVE v. COLVIN
1:16-cv-01922
| S.D. Ind. | Feb 12, 2018Background
- Plaintiff Joshua Hargrove applied for Social Security Disability Insurance (DIB) and was denied at the administrative level; he sought judicial review in federal court.
- Magistrate Judge Dinsmore recommended reversal and remand; the Court adopted that recommendation and remanded the case to the SSA.
- Hargrove filed an EAJA petition seeking $20,406.00 for 107.4 hours at $190/hour after prevailing in the judicial review.
- The Commissioner did not dispute timeliness, lack of substantial justification, or special circumstances, but challenged (1) reasonableness of hours, (2) hourly rate, and (3) payment to counsel rather than the plaintiff.
- The administrative record was large (1,785 pages); Hargrove raised multiple issues and counsel did not represent him at the administrative level.
- The Court found the hours reasonable given record size/complexity, adopted a CPI-based cost-of-living adjustment using the Midwest Urban CPI, and accepted plaintiff’s assignment of EAJA fees to counsel.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Are the 107.4 hours reasonable? | Hours were necessary given record size, multiple issues, and counsel’s need to familiarize with case. | Hours are excessive relative to typical EAJA awards. | Hours are reasonable given 1,785-page record, pages-per-hour ratio, and complexity. |
| Is a cost-of-living adjustment to the $125 EAJA rate appropriate and what rate applies? | Request adjustment to $190/hour (market rate affidavit). | CPI adjustment appropriate; use Midwest Urban CPI to limit increase. | CPI-based COLA applied using Midwest Urban CPI: $186.32/hr for 2016 work and $189.41/hr for 2017. |
| Should EAJA fees be paid directly to counsel? | Plaintiff assigned EAJA fees to counsel and requested direct payment. | Commissioner implied award should be to plaintiff initially. | Direct payment to counsel approved consistent with assignment, subject to offset for any government debt. |
| Amount of final award | Seek $20,406.00. | Opposed as excessive or miscalculated. | Award reduced slightly to $20,105.47 and ordered paid to counsel within 70 days, minus any government debt. |
Key Cases Cited
- Hensley v. Eckerhart, 461 U.S. 424 (fee applicant must exclude excessive or redundant hours)
- Sprinkle v. Colvin, 777 F.3d 421 (CPI is appropriate base for EAJA COLA; market-specific data may inform choice)
- Astrue v. Ratliff, 560 U.S. 586 (EAJA fees are payable to prevailing party but assignment to counsel possible)
- Mathews-Sheets v. Astrue, 653 F.3d 560 (district court may ensure award to assignee does not frustrate government’s prior federal liens)
- Bassett v. Astrue, 641 F.3d 847 (remand appropriate where ALJ omitted favorable facts or made impermissible credibility inferences)