Case Information
U NITED S TATES D ISTRICT C OURT M IDDLE D ISTRICT OF F LORIDA O RLANDO D IVISION
KETTY GONZALES,
o/b/o M.A.N.,
Plaintiff, -vs- Case No. 6:04-cv-1795-Orl-KRS COMMISSIONER OF SOCIAL SECURITY,
Defendant.
______________________________________
O RDER
This cause came on for consideration without oral argument on the following motion filed herein:
MOTION: UNCONTESTED PETITION FOR AWARD OF ATTORNEY’S FEES, EXPENSES AND COSTS PURSUANT TO THE EQUAL ACCESS TO JUSTICE ACT 28 U.S.C. § 2412 (Doc. No. 29) FILED: June 15, 2006
_______________________________________________________ THEREON it is that the motion is GRANTED .
The plaintiff, Ketty Gonzales, seeks an award of attorney’s fees and expenses pursuant to the Equal Access to Justice Act (EAJA), 28 U.S.C. § 2412. A final judgment [1] reversing the decision below was entered on March 27, 2006. Doc. No. 28. An award of fees and expenses is, therefore, ripe for consideration.
Gonzales’s attorney seeks $2,610.52 in attorney’s fees for 16.65 hours of work: 2.15 hours of work performed in 2004; 11.3 hours of work performed in 2005; and 3.2 hours of work performed in 2006. Doc. No. 29, ex. A. The EAJA sets a ceiling of $125.00 on the hourly rate for which attorneys may be compensated under the statute, which courts may adjust upward based on changes in the Consumer Price Index (CPI). 28 U.S.C. § 2412(d)(2)(A). Gonzales has presented an analysis of changes in the CPI that supports the award of the award of $151.65 for work performed in 2004, $156.79 for work performed in 2005, and $160.23 for work performed in 2006. Doc. No. 30. This would lead to an award of $326.05 for work performed in 2004, $1,771.73 for work performed in 2005, and $512.74 for work performed in 2006, for a total of $2,610.52.
The defendant, the Commissioner of Social Security, does not oppose these hourly rates or the number of hours worked. After reviewing the papers submitted by Gonzales, I find that the fees requested are appropriate in the absence of objection.
Gonzales also seeks reimbursement for $37.25 in expenses. Doc. No. 29, ex. B. The Commissioner does not oppose these expenses. I find that these expenses were necessarily incurred in the absence of objection.
It is, therefore, ORDERED that Gonzales is awarded $2,610.52 in attorney’s fees and $37.25 in expenses.
DONE and in Orlando, Florida on June 19, 2006.
Karla R. Spaulding KARLA R. SPAULDING UNITED STATES MAGISTRATE JUDGE Copies furnished to:
Counsel of Record
Unrepresented Parties
[1] The title of the petition indicates that Gonzales seeks an award of costs, but no costs are requested in the petition or supporting documentation.