Glenn v. O'Malley, Commissioner of the Social Security Administration
Glenn v. O'Malley, Commissioner of the Social Security Administration
Trial Court Opinion
IN THE UNITED STATES DISTRICT COURT March 28, 2025 FOR THE SOUTHERN DISTRICT OF TEXAS Nathan Ochsner, Clerk HOUSTON DIVISION
§ Trymayne G., § § Plaintiff, § § Civil Action No. 4:24-cv-02678 v. § § Commissioner of Social Security, § § Defendant. §
ORDER GRANTING FEES On December 19, 2024, Plaintiff Trymayne G. filed an unopposed motion for attorneys’ fees under the Equal Access to Justice Act after this case was remanded to the Social Security Administration pursuant to the fourth sentence of
42 U.S.C. § 405(g). Dkt. 12; see also Dkt. 11 (October 1, 2024 final judgment). After reviewing the submission and the record, the Court concludes that Plaintiff is the prevailing party, the fee application is timely, the Administration’s position was not substantially justified, and a fee award would not be unjust. In addition, the Court concludes that an upward adjustment of the default EAJA rate of $175 per hour is warranted to account for the increased cost of living. Using the U.S. Bureau of Labor Statistics’ Consumer Price Index for this region! results in an adjusted hourly rate of $240.19 for work performed in 2024. See Nash v. Colvin,
2025 WL 871623, at *1-2 (S.D. Tex. Mar. 20, 2025) (detailing this calculation). Counsel’s requested hourly rate of $241.52 is only slightly higher than the CPI-adjusted rate, and the number of hours sought (2.7) is reasonable. See Dkt. 12-3 at 2 (chart). Plaintiffs requested total of $652.10 is a reasonable fee award in this case. It is therefore ORDERED that Plaintiff's motion for attorneys’ fees (Dkt. 12) be GRANTED, and that he be awarded $652.10 in fees. Signed on March 28, 2025, at Houston, Texas.
A,
United States Magistrate Judge
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.cce/83YX-2829.
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