4:25-cv-05397•Levy v. Commissioner of Social Security Case remanded to the Social Security Administration.
Levy v. Commissioner of Social Security Case remanded to the Social Security Administration.
4:25-cv-05397Txsd30 de jul. de 2026
Texto completo
IN THE UNITED STATES DISTRICT COURT FOR THE SOUTHERN DISTRICT OF TEXAS HOUSTON DIVISION I.S.L., Plaintiff, v. Frank Bisignano, Commissioner of Social Security, Defendant. § § § § § § § § § § § Civil Action No. 4:25-cv-005397 MEMORANDUM AND RECOMMENDATION ON ATTORNEYS’ FEES Plaintiff I.S.L. 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 recommended below, Plaintiff’s motion should be granted in full. 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 30, 2026 Nathan Ochsner, Clerk Case 4:25-cv-05397 Document 25 Filed 07/30/26 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. 19 (motion); Dkt. 22 (adopting memorandum and recommendation (Dkt. 22) to reverse and remand); 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. 23 (June 25, 2026 judgment); Dkt. 24 (July 1, 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. The next step requires reviewing the number of attorney hours worked and the requested hourly rate. Plaintiff seeks recovery for 35.9 attorney Case 4:25-cv-05397 Document 25 Filed 07/30/26 in TXSD Page 2 of 4
3 hours—10.5 hours in 2025 and 25.4 hours in 2026—at a rate of $243.29/hour for both years. See Dkt. 24 at 1; Dkt. 24-1 at 1-2. 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 $243.29 exceeds the EAJA rate of $125, which was last amended in 1996. But that requested rate it comports with the adjusted hourly rate for 2025 ($243.29) and is lower than the one for 2026 ($247.13) after accounting for cost-of-living increases. 1 See Nash v. Colvin, 2025 WL 871623, at *2 (S.D. Tex. Mar. 20, 2025) (formula). Applying the local CPI-adjusted rates ($243.29 for 2025 and $247.13 for 2026) to the number of attorney-hours worked (10.5 hours in 2025 and 25.4 hours in 2026) yields a total of $8,831.65. Plaintiff is requesting the lower sum of $8,734.11. See Dkt. 24 at 1. The requested amount is a reasonable fee award in this case. 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-05397 Document 25 Filed 07/30/26 in TXSD Page 3 of 4
4 Recommendation For the foregoing reasons, it is RECOMMENDED that Plaintiff’s motion for attorneys’ fees (Dkt. 24) be GRANTED, and that Plaintiff be awarded $8,734.11 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 30, 2026, at Houston, Texas. __________________________________ Yvonne Y. Ho United States Magistrate Judge n, Texas. ________________________________________ von nn nee Y. Ho nited States Magistrate Judge Case 4:25-cv-05397 Document 25 Filed 07/30/26 in TXSD Page 4 of 4
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