4:25-cv-03897•Hardin v. Bisignano Do not docket. Case remanded under the fourth sentence of 42 USC 405(g) to the Commissioner of Social Security.
Hardin v. Bisignano Do not docket. Case remanded under the fourth sentence of 42 USC 405(g) to the Commissioner of Social Security.
4:25-cv-03897Txsd29 de jul. de 2026
Texto completo
IN THE UNITED STATES DISTRICT COURT FOR THE SOUTHERN DISTRICT OF TEXAS HOUSTON DIVISION D.H., Plaintiff, v. Frank Bisignano, Commissioner of Social Security, Defendant. § § § § § § § § § § § Civil Action No. 4:25-cv-03897 MEMORANDUM AND RECOMMENDATION ON ATTORNEYS’ FEES Plaintiff D.H. filed an unopposed motion requesting an award of attorneys’ fees incurred for prosecuting a successful appeal of the Social Security Administration’s adverse ruling under 42 U.S.C. § 405(g). Dkt. 24. As addressed below, Plaintiff’s motion should be granted in material part. Analysis I. Plaintiff is entitled to recover attorneys’ fees. The Equal Access to Justice Act (“EAJA”) authorizes a plaintiff to recover reasonable attorneys’ fees after successfully appealing a decision by the Social Security Administration. See 28 U.S.C. § 2412(d)(1)(A). To recover those fees, a plaintiff must establish: (1) that he is the prevailing party; (2) that he timely filed a fee application; (3) the Government’s position was not substantially United States District Court Southern District of Texas ENTERED July 29, 2026 Nathan Ochsner, Clerk Case 4:25-cv-03897 Document 25 Filed 07/29/26 in TXSD Page 1 of 4
2 justified; and (4) no special circumstances would make a fee award unjust. See Reese v. Saul, 2021 WL 2188686, at *1 (S.D. Tex. Apr. 1, 2021) (citing, inter alia, 28 U.S.C. § 2412(d)(1)(A)-(B)). Plaintiff is the prevailing party. This is because the Court granted the Commissioner’s motion to reverse the decision denying benefits and remand this case for further administrative proceedings under the fourth sentence of 42 U.S.C. § 405(g). See Dkt. 20 (motion); Dkt. 21 (order); Shalala v. Schaefer, 509 U.S. 292, 301-02 (1993) (reversal and remand pursuant to 42 U.S.C. § 405(g) confers a plaintiff with prevailing party status). Plaintiff also timely filed the motion for attorneys’ fees within thirty days of the date the judgment became final. See 28 U.S.C. § 2412(d)(1)(B) (30-day deadline from final judgment); id. § 2412(d)(2)(G) (defining “final judgment” as “a judgment that is final and not appealable”); Fed. R. App. P. 4(a)(1)(B) (60- day deadline for notice of appeal when a federal agency is a party); Dkt. 21 (March 16, 2026 remand order); Dkt. 24 (June 12, 2026 motion). Nothing indicates that the Commissioner’s position was substantially justified or that any special circumstances would make a fee award unjust. An award of fees under the EAJA is therefore proper. Next, the Court reviews counsel’s number of hours worked and the requested hourly rate. Plaintiff seeks recovery for 33 attorney hours from 2025 and .1 hour worked in 2026, at a rate of $258.60/hour. See Dkt. 24-3 at 1-3. Case 4:25-cv-03897 Document 25 Filed 07/29/26 in TXSD Page 2 of 4
3 The total number of attorney hours falls within the standard range for Social Security appeals. See, e.g., Thomas H. v. Kijakazi, 2023 WL 5191950, at *2 (S.D. Tex. Aug. 10, 2023) (twenty- to forty-hour range). Counsel’s requested hourly rate of $258.60 exceeds the EAJA rate of $125, which was last amended in 1996. It also exceeds the adjusted rates in this area ($243.29 for 2025 and $247.13 for 2026) that account for cost-of-living increases. 1 See Nash v. Colvin, 2025 WL 871623, at *2 (S.D. Tex. Mar. 20, 2025) (explaining the formula). Plaintiff relies instead on CPI tables for the entire United States, which is not the correct measure. See Dkt. 24-4; Deborah S. v. Comm’r of Soc. Sec., 2022 WL 393834, at *2-3 (S.D. Tex. Feb. 9, 2022) (applying local CPI to determine appropriate hourly rate, even though counsel was based in New York). Applying the local CPI-adjusted rates ($243.29 for 2025 and $247.13 for 2026) to the number of attorney-hours worked (33 hours in 2025 and .1 hour in 2026) yields a total of $8,053.28. That figure is about 5.9% less than the sum that Plaintiff has requested ($8,559.67) based on a higher hourly rate. 1 The full CPI chart for the Houston-The Woodlands-Sugar Land, Texas area is available on the U.S. Bureau of Labor Statistics’ website. See Databases, Tables & Calculators by Subject, U.S. Bureau of Lab. Stat., https://perma.cc/F4QB-V78G. The CPI for all of 2025 (277.742) is 94.63% higher than the local CPI in 1996 (142.7). So for services provided in 2025, the CPI-adjusted hourly rate is $243.29 (i.e., $125 x 1.9463). Based on the available CPI for the first half of 2026 (282.048), the corresponding adjusted hourly rate for that year is $247.13 (i.e., $125 x 1.977). Case 4:25-cv-03897 Document 25 Filed 07/29/26 in TXSD Page 3 of 4
4 “[T]o promote uniformity in the division,” however, this Court should hew to the local CPI-adjusted hourly rate and award $8,053.28 in attorneys’ fees. See Jessica S. v. Bisignano, 2026 WL 1597479, at *2 (S.D. Tex. May 12, 2026) (declining counsel’s request for a higher hourly rate, quoting Alicia B. v. Bisignano, 2026 WL 916961, at *3 (S.D. Tex. Jan. 27, 2026)), adopted by 2026 WL 1591832 (S.D. Tex. June 3, 2026). That total is a reasonable fee award in this case. Recommendation For the foregoing reasons, it is RECOMMENDED that Plaintiff’s motion for attorneys’ fees (Dkt. 24) be GRANTED IN PART, and that Plaintiff be awarded $8,053.28 in reasonable attorneys’ fees. It is further RECOMMENDED that the award be made payable to Plaintiff, but Defendant may send the payment to Plaintiff’s counsel. Signed on July 29, 2026, at Houston, Texas. __________________________________ Yvonne Y. Ho United States Magistrate Judge _________________________________________ Yvon n nn n nee Y. Ho United States Magistrate Judge Case 4:25-cv-03897 Document 25 Filed 07/29/26 in TXSD Page 4 of 4
Continue sua pesquisa no ChatGPT ou Claude
Conecte o Omnilex para pesquisar o corpus jurídico pelo seu assistente de IA.