NICOLAS

v.

COMMISSIONER OF SOCIAL SECURITY

Defendant. /

ORDER1

Jesse Nicolas requests a fee and cost award under the Equal Access to Justice Act, 28 U.S.C. § 2412(d). (Doc. 28.)2 The Commissioner does not object to the relief sought. The Court now grants the motion. Earlier in this case, the Court entered an order (Doc. 26) reversing and remanding this action to the Commissioner for further administrative proceedings. Thus, under EAJA, Plaintiff moves for an award of $7,757.20 in attorney’s fees.

35.4 hours expended by attorney Erik Berger reasonable. (Doc. 28 at 6-7.) EAJA fees are “based upon prevailing market rates for the kind and quality of services furnished,” not to exceed $125 per hour unless the Court determines an increase in the cost of living or a special factor justifies a higher fee. 28 U.S.C. § 2412(d)(2)(A). Thus, determining the appropriate hourly rate is a two-step process. The Court first ascertains the prevailing market rate; then, if the prevailing rate exceeds $125.00, the Court determines whether to adjust the hourly rate. Meyer v. Sullivan, 958 F. 2d 1029, 1033-34 (11th Cir. 1992). The prevailing market rates must be determined according to rates customarily charged for similarly complex litigation and are not limited to rates specifically for social security cases. Watford v. Heckler, 765 F. 2d 1562, 1568 (11th Cir. 1985). Plaintiff requests an hourly rate of $219.13. (Doc. 28 at 3). After review, this rate appears reasonable.

Plaintiff also filed a Contingent Fee Agreement (Doc. 28-1.) It provides: “I hereby assign my rights in any fees payable to me under the EAJA to my attorneys at OBL.” (Doc. 28-1.) But it is acknowledged that after awarding EAJA fees, the Commissioner will determine whether Plaintiff owes a federal debt to the Government. If no debt is owed, the Government will accept Plaintiff’s assignment of EAJA fees, and the fees will be paid directly to counsel. (Doc. 28 at 5.) Thus, the fees awarded should be paid directly to counsel if the United States Department of Treasury determines that no federal debt is owed by Plaintiff. Plaintiff also seeks $402 in costs for the filing fee. (Doc. 28 at 4.) Under 28 U.S.C. § 2412, and as enumerated in 28 U.S.C. § 1920, that cost is taxable. It is ORDERED:

Plaintiff’s Unopposed Petition for EAJA Fees (Doc. 28) is GRANTED and the Court awards Plaintiff $7,757.20 in attorney’s fees and $402 in costs. This award will be paid directly to Plaintiffs counsel if the United States Department of Treasury determines that no federal debt is owed by Plaintiff. ORDERED in Fort Myers, Florida this August 12, 2022.

Li Dak kfleC. Dudek United States Magistrate Judge Copies: All Parties of Record