Summary
In Noble v. Astrue, Civil Action No. 07-33-GWU (E.D. Ky. Mar. 11, 2008), Judge Unthank assessed a $100 attorneys' fee hourly rate for a social security case in the Pikeville Division. This is especially significant since this particular case is from only two months ago, and thus provides a very contemporaneous representation of the prevailing market rate for the Pikeville Division. As has already been noted, the Plaintiff's 2006 case of Hall v. Barnhart stated that the normal attorneys' fee rate for Pikeville is $100 per hour.
Summary of this case from PEGG v. ASTRUEOpinion
CIVIL ACTION NO. 07-33-GWU.
March 11, 2008
MEMORANDUM OPINION
The plaintiff has filed a motion for an award of fees under the Equal Access to Justice Act (EAJA), requesting compensation for 15 hours of work at the rate of $130.00 per hour. He also assigned payment of any fees directly to his attorney. Docket Entry No. 17.
Being persuaded by the arguments of the Commissioner regarding the hourly rate for the Southern Division at Pikeville not exceeding $100.00, and that only one hour should be allowed for preparation of the EAJA petition, the plaintiff's motion will be granted to the extent that counsel will be awarded a fee of $1,300.00 (13 hours x $100.00 per hour).
The defendant also requests that the fees be paid to the plaintiff rather than counsel, but in view of the assignment executed by Mr. Noble at Docket Entry No. 17, Attachment No. 13, a direct award to counsel will be made.
A separate order will enter reflecting the above.