1:25-cv-00040•Patu v. Commissioner of Social Security
Gesamter Gesetzestext
IN THE UNITED STATES DISTRICT COURT FOR THE DISTRICT OF HAWAII SIUA TUIENA PATU, Plaintiff, vs. COMMISSIONER OF SOCIAL SECURITY, LELAND DUDEK, ACTING COMMISSIONER OF SOCIAL SECURITY, Defendant. CIV. NO. 25-00040 DKW-RT FINDINGS AND RECOMMENDATION TO GRANT PLAINTIFF’S MOTION FOR ATTORNEY’S FEES PURSUANT TO THE EQUAL ACCESS TO JUSTICE ACT, 28 U.S.C. § 2412 FINDINGS AND RECOMMENDATION TO GRANT PLAINTIFF’S MOTION FOR ATTORNEY’S FEES PURSUANT TO THE EQUAL ACCESS TO JUSTICE ACT, 28 U.S.C. § 2412 On June 23, 2025, Plaintiff’s attorney Edward Wicklund (“Mr. Wicklund”), filed the instant Consent1 Motion for Attorney’s [sic] Fees Pursuant to the Equal Access to Justice Act, 28 U.S.C. § 2412 (“Fee Motion”) on behalf of his client, Plaintiff Siua Tuiena Patu (“Plaintiff”). Plaintiff requests $1,205.15 in attorneys’ fees for 7.8 hours of work performed on this case. ECF No. 17-1. Plaintiff has not requested any costs. Notably, no opposition was filed. 1 It is unclear why Plaintiff refers to her Fee Motion as a “Consent” motion. It is unnecessary here to title the Fee Motion as a “Consent” motion. The Court shall thus disregard this reference. Case 1:25-cv-00040-DKW-RT Document 18 Filed 01/30/26 Page 1 of 9 PageID.<pageID>
2 The Court decides the Fee Motion without a hearing pursuant to Rule 7.1(c) of the Local Rules of Practice for the United States District Court for the District of Hawaii (“Local Rules”). After careful consideration of the Fee Motion, records in this case and applicable law, the Court FINDS that Plaintiff is entitled to her attorneys’ fees and RECOMMENDS that the Fee Motion be GRANTED. BACKGROUND Plaintiff filed an application for disability insurance benefits (“DIB”) on August 9, 2022, alleging that she was disabled beginning April 5, 2020. ECF No. 1 at PageID.2. Plaintiff claims she was disabled as a result of diabetes mellitus type 2 and hypertension. Id. She also claims to experience impairing conditions such as “peripheral neuropathy, obesity, high-density lipoprotein (HLD), carpal tunnel syndrome, cataract, dermatitis, obstructive sleep apnea, and a left elbow issue.” Id. Plaintiff’s DIB application was denied on February 23, 2023, and upon reconsideration, Plaintiff’s application was again denied on March 1, 2023. Id. at 2-3. On March 14, 2023, Plaintiff requested an administrative hearing on her application. A telephonic hearing was held before the Administrative Law Judge David Romeo (“ALJ”) on February 23, 2024. ECF No. 1; ECF No. 12-1 at PageID.47. The ALJ denied Plaintiff’s application, and Plaintiff sought an Appeals Council review of the ALJ’s decision. ECF No. 1 at PageID.3. Plaintiff’s request for review was denied by the Appeals Council, and the Commissioner of Case 1:25-cv-00040-DKW-RT Document 18 Filed 01/30/26 Page 2 of 9 PageID.<pageID>
3 Social Security (“Commissioner”) adopted the ALJ’s decision as its final decision. Id. On January 30, 2025, Plaintiff filed her Complaint for Review of Social Security Disability Benefits Determination (“Complaint”). ECF No. 1. Plaintiff commenced this case to seek review of the Commissioner’s determination to deny her DIB application. Id. at 4. In her Complaint, Plaintiff sought a remand and a new hearing, and ultimately the issuance of a new decision on her DIB application and an award of her attorneys’ fees and costs. Id. On January 30, 2025, Mr. Wicklund sought to represent Plaintiff as pro hac vice with attorney Danielle Rose Beaver appearing as local counsel. ECF No. 3. On February 3, 2025, the Court admitted Mr. Wicklund as pro hac vice counsel for Plaintiff. ECF No. 7. On March 31, 2025, the parties entered into a Stipulation for Voluntary Remand Pursuant to Sentence Four of 42 U.S.C. § 405(g) and to Entry of Judgment (“Stipulation to Remand”). ECF No. 14. Pursuant to the Stipulation, on April 1, 2025, judgment was entered in favor of Plaintiff. DISCUSSION The Fee Motion was filed on June 23, 2025, and seeks attorneys’ fees and costs under the Equal Access to Justice Act (“EAJA”), 28 U.S.C. § 2412. ECF No. 17. The Fee Motion requests attorneys’ fees in the amount of $1,205.15 and includes exhibits that show the timekeeping records for the fees sought. ECF Nos. 17-2 through 17-4. There was no opposition filed to the Fee Motion. The Court Case 1:25-cv-00040-DKW-RT Document 18 Filed 01/30/26 Page 3 of 9 PageID.<pageID>
4 shall thus review the request to ensure that the fee amount is reasonable and is permitted under 28 U.S.C. § 2412. The Court notes that the Fee Motion did not request costs nor were there any receipts for costs attached to the Fee Motion. The Court shall thus only evaluate entitlement to the fee amount requested. I. Plaintiff’s Entitlement to a Fee Award Under the EAJA: [A] court shall award to a prevailing party other than the United States fees and other expenses . . . incurred by that party in any civil action . . . including proceedings for judicial review of agency action, brought by or against the United States in any court having jurisdiction of that action, unless the court finds that the position of the United States was substantially justified or that special circumstances make an award unjust. 28 U.S.C. § 2412(d)(1)(A). In other words, a Plaintiff’s entitlement to a fee award is determined by whether (1) Plaintiff is the prevailing party, and (2) the position of the United States was not substantially justified or that special circumstances make an award unjust. The fee request must also be reasonable. Hensley v. Eckerhart, 461 U.S. 424, 433 (1983); Moreno v. City of Sacramento, 534 F.3d 1106, 1111 (9th Cir. 2008). The burden is on the party seeking fees, in this case the Plaintiff, to document work hours expended and submit evidence in support of the hours requested. Gates v. Deukmejian, 987 F.2d 1392, 1397 (9th Cir. 1992). Case 1:25-cv-00040-DKW-RT Document 18 Filed 01/30/26 Page 4 of 9 PageID.<pageID>
5 A. Plaintiff is the Prevailing Party The Stipulation to Remand entered into by the parties sought the Court’s approval to enter a final judgment in this case in favor of Plaintiff, reverse the final decision of the Commissioner, and to remand this case for the issuance of a new decision. ECF No. 14. The Court approved the Stipulation to Remand, and judgment was entered in favor of Plaintiff. ECF No. 15. Accordingly, Plaintiff is the prevailing party in this case. B. There are No Substantial Justification or Special Circumstances In order to award fees under the EAJA, the Court must find that the position of the United States was substantially justified or that special circumstances make an award unjust. 28 U.S.C. § 2412(d)(1)(A). The Commissioner has the burden of establishing that the position taken by the United States was substantially justified, which requires a showing that the United States’ conduct was based on “a reasonable basis both in law and fact.” Flores v. Shalala, 49 F.3d 562, 569-570 (9th Cir. 1995) (citing Pierce v. Underwood, 487 U.S. 552, 565 (1988)). In the instant case, there was no opposition to the Fee Motion. There is no evidence that the position taken by the United States was substantially justified nor is there evidence of special circumstances that would warrant a denial of the fee request. Accordingly, the Court finds Plaintiff is entitled to a fee award under 28 U.S.C. § 2412. Case 1:25-cv-00040-DKW-RT Document 18 Filed 01/30/26 Page 5 of 9 PageID.<pageID>
6 C. The Hours Requested are Reasonable Under the EAJA, fees for paralegal services are permitted. Richlin Sec. Serv. Co. v. Chertoff, 553 U.S. 571, 581 (2008). The Court shall thus review the requested hours in the Fee Motion for both attorneys and paralegals. Plaintiff has the burden of documenting and submitting evidence in support of the number of hours requested. Gates, 987 F.2d at 1397. The burden then shifts to the Commissioner, who can then challenge the accuracy and reasonableness of the hours requested by submitting evidence in support of its opposition. Id. at 1397- 98. However, the Commissioner in this case has elected not to oppose the fee request. The Court has nevertheless reviewed the timekeeping entries and notes that Mr. Wicklund has elected not to charge for many of the time entries for legal work he performed in this case. After careful review of the timekeeping sheet, the Court finds that the hours of work performed in this case (7.8 hours) are reasonable. D. The Hourly Rates are Reasonable The reasonable maximum hourly rate for attorneys in EAJA cases are set forth in 28 U.S.C. § 2412(d)(2)(A): The amount of fees awarded . . . shall be based upon prevailing market rates for the kind and quality of the services furnished, except that . . . attorney fees shall not be awarded in excess of $125 per hour unless the court determines that an increase in the cost of living or a special factor, such as the limited availability of qualified attorneys for the proceedings involved, justifies a higher fee. Case 1:25-cv-00040-DKW-RT Document 18 Filed 01/30/26 Page 6 of 9 PageID.<pageID>
7 Pursuant to Thangaraja v. Gonzales, the Ninth Circuit has set forth maximum hourly rates, adjusted for the increase in the cost of living, for fees awarded under the EAJA. Thangaraja v. Gonzales, 428 F.3d 870, 876-77 (9th Cir. 2005); United States Courts for the Ninth Circuit, Statutory Maximum Rates Under the [EAJA] https://www.ca9.uscourts.gov/attorneys/statutory-maximum-rates/ (last visited January 30, 2026). The work performed in this case was completed in 2025. ECF No. 17-2. The Ninth Circuit has set forth a $258.46 maximum hourly rate for work performed by attorneys in 2025. The Fee Motion requests an hourly rate of $251.84 for work performed by attorneys, which is below the rate permitted. Accordingly, the hourly rate of $251.84 is reasonable. The Ninth Circuit has not set forth a maximum hourly rate for paralegals. However, it is understood that paralegals are awarded an hourly rate based on the prevailing market rate. Garrison v. Peake, 22 Vet. App. 192, 194 (2008); United Partition Sys., Inc. v. United States, 95 Fed. Cl. 42, 59 (2010). The Fee Motion requests $100.00 per hour for work performed by paralegals. Based upon this Court’s knowledge of the prevailing market rate in the applicable district, the District of Hawaii, the Court agrees that $100.00 per hour is reasonable for paralegal work. See, e.g., United Partition Sys., Inc., 95 Fed. Cl. at 60 (awarding $105 per hour for paralegal work in the District of Columbia in 2010). Accordingly, the Court finds the hourly rates requested for attorneys and paralegals performing work in this case to be reasonable. Case 1:25-cv-00040-DKW-RT Document 18 Filed 01/30/26 Page 7 of 9 PageID.<pageID>
8 E. The Attorneys’ Fees Requested are Reasonable In the Ninth Circuit, the reasonableness of the fee amount requested is determined by the using of the lodestar method. Costa v. Comm’r of Soc. Sec. Admin., 690 F.3d 1132, 1135 (9th Cir. 2012). The same method is used to determine the reasonableness of fees under the EAJA. Id. The lodestar amount is calculated by multiplying the number of hours (7.8 hours) by the reasonable hourly rate ($251.84 for attorneys; $100.00 for paralegals). See Hensley v. Eckerhart, 461 U.S. 424, 433 (1983). In this case, the Court has found the number of hours and hourly rate requested reasonable. The Court thus finds that under the lodestar method, the total amount of attorneys’ fees requested by Plaintiff ($1,205.15) is reasonable. CONCLUSION The Court FINDS that Plaintiff is entitled to her attorneys’ fees under the EAJA, and RECOMMENDS that the district court award Plaintiff fees in the amount of $1,205.15. The Court notes that if Plaintiff is awarded attorney fees in the future under 42 U.S.C. § 406(b), counsel is required to refund the Plaintiff the amount of the smaller fee between those awarded under the 28 U.S.C. § 2412 (EAJA) and 42 U.S.C. § 406(b). Gisbrecht v. Barnhart, 535 U.S. 789, 796 (2002). Case 1:25-cv-00040-DKW-RT Document 18 Filed 01/30/26 Page 8 of 9 PageID.<pageID>
9 IT IS SO FOUND AND RECOMMENDED. DATED: Honolulu, Hawaii, January 30, 2026. Civ. No. 25-00040 DKW-RT; Siua Tuiena Patu vs. Commissioner of Social Security, Leland Dudek, Acting Commissioner of Social Security; Findings and Recommendation to Grant Plaintiff’s Motion for Attorney’s Fees Pursuant to the Equal Access to Justice Act, 28 U.S.C. § 2412 Rom A. Trader United States Magistrate Judge Andrade Case 1:25-cv-00040-DKW-RT Document 18 Filed 01/30/26 Page 9 of 9 PageID.<pageID>
Was bedeutet dieser Text für Ihre Situation?
Kostenlose und unverbindliche Beratung
Schildern Sie uns Ihre Situation. Unser Team meldet sich per E-Mail bei Ihnen für Ihre Beratung.
Setzen Sie Ihre Recherche in ChatGPT oder Claude fort
Verbinden Sie Omnilex, um den Rechtskorpus über Ihren KI-Assistenten zu durchsuchen.