Brief & decision
[Jose A.] v. Comm’r of Soc.
M.D. Fla. Aug. 21, 2023
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Federal court brief
[Jose A.] v. Comm’r of Soc.
M.D. Fla. Aug. 21, 2023
Substantial justification, awarding $13,327.33 in EAJA fees
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About this case
[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:
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EAJA - substantial justification
- EAJA - hourly rate
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EAJA - reasonableness of hours - pre-filing time
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EAJA - reasonableness of hours - briefing time
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EAJA - reasonableness of hours - pre-filing time
- EAJA - reasonableness of hours - Total time
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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.