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McMullen v. Apfel

United States District Court, S.D. Iowa, Central Division
Jan 4, 1999
57 F. Supp. 2d 773 (S.D. Iowa 1999)

Summary

approving 25 hours attorney fees in a social security case

Summary of this case from Gustafson v. Barnhart

Opinion

No. 4-98-CV-10115.

January 4, 1999.

Mark T. Hedberg, Hedberg, Owens Hedberg, Des Moines, IA, for plaintiff.

Christopher D. Hagen, Assistant U.S. Attorney, Des Moines, IA, for defendant.


ORDER


THE COURT HAS BEFORE IT plaintiff's application for attorney fees pursuant to the Equal Access to Justice Act, 28 U.S.C. § 2412 ("EAJA"). Plaintiff requests an award of $6,627.08 based on 52.50 hours at an hourly rate of $126.23. Defendant filed a resistance indicating it did not challenge counsel's right to fees in some amount, but that it did object to the number of hours plaintiff's counsel spent representing her in this case. Defendant did not contest the hourly rate sought. Plaintiff filed a reply reiterating her position. The matter is now fully submitted.

Plaintiff applied for disability insurance benefits on March 21, 1996. The Commissioner initially denied her benefits and a reconsideration of that decision. An administrative law judge subsequently held a hearing, found plaintiff was not under a disability as defined by the Social Security Act, and denied her application. The Appeals Council of the Social Security Administration denied plaintiff's request for review.

This action for judicial review commenced February 26, 1998. On August 13, 1998, the Commissioner filed a motion to remand, conceding the necessity of further administrative proceedings. Plaintiff filed a resistance to the motion. This Court granted defendant's motion to remand in an Order dated October 21, 1998, which triggered the running of the time in which to file an application for attorney's fees under EAJA. See Shalala v. Schaefer, 509 U.S. 292, 113 S.Ct. 2625, 125 L.Ed.2d 239 (1993).

In determining a proper award of attorney fees, the district court must assess the reasonableness of the request based on the facts of the case at issue. Hensley v. Eckerhart, 461 U.S. 424, 429, 103 S.Ct. 1933, 76 L.Ed.2d 40 (1983). "The district court should . . . exclude from [the] fee calculation hours that were not reasonably expended." Id. at 434, 103 S.Ct. 1933 (internal quotations and citation omitted). If the preparation time is "excessive," the number of compensable hours may be reduced. See Stockton v. Shalala, 36 F.3d 49, 50 (8th Cir. 1994) (affirming district court's reduction of hours from 69.7 to 46.05). See also Vanover v. Chater, 946 F. Supp. 744, 746 (E.D.Mo. 1996) (42 hours excessive where case was routine and lacked novel legal issues).

Based on the record before it, the Court finds plaintiff's counsel is entitled to be compensated for 25 hours, at a rate of $125.00 — the rate customarily awarded by the Court for such matters. Plaintiff's application for fees is GRANTED in the amount of $3,125.00, plus court costs in the amount of $150.00.

IT IS SO ORDERED.


Summaries of

McMullen v. Apfel

United States District Court, S.D. Iowa, Central Division
Jan 4, 1999
57 F. Supp. 2d 773 (S.D. Iowa 1999)

approving 25 hours attorney fees in a social security case

Summary of this case from Gustafson v. Barnhart

reducing fees where plaintiff opposed Commissioner's motion to remand, which court ultimately granted

Summary of this case from Uphill v. Barnhart

reducing fee request by about half in case where plaintiff opposed Commissoner's motion to remand

Summary of this case from McLaurin v. Apfel
Case details for

McMullen v. Apfel

Case Details

Full title:Beatrice McMULLEN, Plaintiff, v. Kenneth S. APFEL, Commissioner of Social…

Court:United States District Court, S.D. Iowa, Central Division

Date published: Jan 4, 1999

Citations

57 F. Supp. 2d 773 (S.D. Iowa 1999)

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