[Jose A.] v. Comm’r of Soc. (M.D. Fla. Aug. 21, 2023) (EAJA Order) - substantial justification, awarding $13,327.33 in EAJA fees

[Jose A.] v. Comm’r of Soc., No. 6:21-CV-1909-EJK, 2023 WL 5352308 (M.D. Fla. Aug. 21, 2023) (Decision by U.S. Magistrate Judge Embrey J. Kidd, by consent)

Briefs Included:  Memorandum in Support of Petition for Attorney Fees; Plaintiff’s EAJA Reply; and court order 

Topics addressed:

• EAJA - substantial justification

• EAJA - hourly rate

• EAJA - reasonableness of hours - pre-filing time

• EAJA - reasonableness of hours - briefing time 

• EAJA - reasonableness of hours - pre-filing time

• EAJA - reasonableness of hours - Total time

• EAJA - reasonableness of hours - EAJA time

Rulings cited: none

Issues briefed:
1)  Whether the government’s position was substantially justified such that no fees should be awarded under the Equal Access to Justice Act, 28 U.S.C. § 2412.

2) Whether the fees sought under the EAJA are excessive.

Court decision:  

The court held that the Commissioner’s position was not substantially justified and found that spending 57.35 was reasonable. Thus, the court awarded EAJA fees of $13,327.33.