Opinion
20 Civ. 6027
03-17-2022
MICHELLE MACHUCA, Plaintiffs, v. COMMISSIONER OF SOCIAL SECURITY, Defendant.
ORDER
LORNA G. SCHOFIELD, DISTRICT JUDGE
WHEREAS, on February 14, 2022, Plaintiff's counsel filed a motion for attorneys' fees pursuant to the Equal Access to Justice Act (“EAJA”), 28 U.S.C § 2412(d), requesting fees in the amount of $7,745.40 -- the sum of 35.3 hours billed at $218.00 per hour and .5 hours billed at $100.00 per hour;
WHEREAS, eligibility for a fee award under the Equal Access to Justice Act requires: “(1) that the claimant be a ‘prevailing party'; (2) that the Government's position was not ‘substantially justified'; (3) that no ‘special circumstances make an award unjust'; and, (4) pursuant to 28 U.S.C. § 2412(d)(1)(B), that any fee application be submitted to the court within 30 days of final judgment in the action and be supported by an itemized statement.” Comm'r v. Jean, 496 U.S. 154, 158 (1990); accord Vellone o/b/o Vellone v. Kijakazi, No. 20 Civ. 261, 2022 WL 276842, at *2 (S.D.N.Y. Jan. 31, 2022);
WHEREAS, Plaintiff's counsel's memorandum of law and affidavits substantially support that all four requirements of 28 U.S.C. § 2412(d)(1) are met;
WHEREAS, by the Order dated March 1, 2022, the Government was required to file any response by March 11, 2022;
WHEREAS, the Government has not filed any response;
WHEREAS, other courts in this district have held similar wage rates and reported hours to be reasonable. See, e.g., Cantos v. Comm'r of Soc. Sec., No. 19 Civ. 04269, 2022 WL 328606, at *2 (S.D.N.Y. Feb. 3, 2022); Vellone o/b/o Vellone, 2022 WL 276842, at *2. It is hereby
ORDERED that the Plaintiff's motion for attorneys' fees is GRANTED.