3:24-cv-00579•Case Name in Social Security Case - Unavailable
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RICHARD L. BOURGEOIS, JR. UNITED STATES MAGISTRATE JUDGE UNITED STATES DISTRICT COURT MIDDLE DISTRICT OF LOUISIANA BETHANY STEPHENS CIVIL ACTION VERSUS COMMISSIONER OF SOCIAL SECURITY NO. 24-579-JWD-RLB NOTICE Please take notice that the attached Magistrate Judge’s Report has been filed with the Clerk of the United States District Court. In accordance with 28 U.S.C. § 636(b)(1), you have fourteen (14) days after being served with the attached Report to file written objections to the proposed findings of fact, conclusions of law, and recommendations therein. Failure to file written objections to the proposed findings, conclusions, and recommendations within fourteen (14) days after being served will bar you, except upon grounds of plain error, from attacking on appeal the unobjected-to proposed factual findings and legal conclusions of the Magistrate Judge that are accepted by the District Court. ABSOLUTELY NO EXTENSION OF TIME SHALL BE GRANTED TO FILE WRITTEN OBJECTIONS TO THE MAGISTRATE JUDGE’S REPORT. Signed in Baton Rouge, Louisiana, on December 4, 2025. S Case 3:24-cv-00579-JWD-RLB Document 25 12/04/25 Page 1 of 4
UNITED STATES DISTRICT COURT MIDDLE DISTRICT OF LOUISIANA BETHANY STEPHENS CIVIL ACTION VERSUS COMMISSIONER OF SOCIAL SECURITY NO. 24-579-JWD-RLB MAGISTRATE JUDGE’S REPORT AND RECOMMENDATION Before the Court is a Motion for Attorney Fees and Costs under the Equal Access to Justice Act (“EAJA”) (the “Motion”) filed by Bethany Stephens (“Plaintiff”). (R. Doc. 21). Also before the Court is Plaintiff’s exhibit correction regarding her attorney’s hours. (R. Doc. 22). The Commissioner filed a Response indicating no objection to the hours, the hourly rate, or the total amount requested, but opposes any request that the fee award be payable directly to Plaintiff’s attorney. (R. Doc. 24). I. Procedural History On July 18, 2024, Plaintiff filed a Complaint in this case, appealing a final administrative decision that denied Plaintiff’s social security claim. (R. Doc. 1). On July 29, 2025, this Court entered a Report and Recommendation, which was accepted by the district judge, recommending the remand of the case for further administrative proceedings. (R. Docs. 17; 18). The case was remanded on August 14, 2025. (R. Doc. 19). In the instant Motion, Plaintiff seeks an attorney fees award of $5,760.00 for 30.3 attorney hours at the hourly rate of $175.00 and for 6.1 paralegal hours at $75.00. The Commissioner filed a Response indicating no objection to the hours, the hourly rate, or the total amount requested, but opposes any request that the fee award be payable directly to Plaintiff’s attorney. (R. Doc. 24). Case 3:24-cv-00579-JWD-RLB Document 25 12/04/25 Page 2 of 4
II. Law and Analysis The EAJA provides that a court shall award attorney fees and costs to a prevailing party in a civil action brought against the United States. See 28 U.S.C. § 2412. Attorney fees shall be awarded to a prevailing party “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). No party disputes that Plaintiff is the prevailing party and is entitled to an award of fees under the EAJA, nor does any party dispute the number of hours for which Plaintiff is claiming compensation or the hourly rate sought. The Court has reviewed the time accounting documents submitted in support and agrees that 30.3 hours of attorney time is a reasonable amount of time and $175.00 is a reasonable hourly rate. (R. Docs. 22-1; 22-2; 22-3); see Gann v. Colvin, No. 14-189, 2017 WL 385038, at *3 (M.D. La. Jan. 1, 2017) (approved hourly attorney rate of up to $175.00 per hour); see also Rhodus v. Berryhill, No. 17-545, 2019 WL 2897692 (M.D. La. July 5, 2019) (same); see also Richthofen v. Berryhill, No. CV 16-16020, 2019 WL 2079840, at *1 (E.D. La. Jan. 28, 2019), report and recommendation adopted, No. CV 16-16020, 2019 WL 2076588 (E.D. La. May 10, 2019) (collecting cases) (“[I]n recent years, courts in this district have regularly awarded attorney fees in Social Security appeals at an hourly rate of $175.”); see also Darby v. Saul, No. 1:17-CV- 00032-C, 2019 WL 6791009, at *6 (N.D. Tex. Nov. 27, 2019), report and recommendation adopted sub nom. Kimberly Kathryn D. v. Saul, No. 1:17-CV-032-C-BU, 2019 WL 6790397 (N.D. Tex. Dec. 12, 2019) (notes 30 to 40 hours is typical hour range for non-complex social security appeals); see also Johnson v. Comm’r of Soc. Sec., No. CV 22-180-SDJ, 2024 WL 1156529, at *2 (M.D. La. Mar. 18, 2024) (“The Court has reviewed the time/cost accounting documents submitted in support of the Motion and agrees that 30.3 hours of attorney time and 6.4 hours of paralegal time are reasonable amounts of time[.]”); see also Mesecher v. Berryhill, Case 3:24-cv-00579-JWD-RLB Document 25 12/04/25 Page 3 of 4
RICHARD L. BOURGEOIS, JR. UNITED STATES MAGISTRATE JUDGE No. 4:15-CV-0859-BL, 2017 WL 4417682, at *2 (N.D. Tex. Oct. 3, 2017) (quotations and citations omitted) (“typical fee [claim is] between thirty and forty hours for attorney work”). This Court thus finds fees and costs may be awarded to Plaintiff. The fees are to be paid directly to Plaintiff although she assigned her award to her attorney. (R. Doc. 21-5); see Astrue v. Ratliff, 560 U.S. 586, 589 (2010) (“§ 2412(d) fees award is payable to the litigant” not to their attorney.); see also Craig v. Colvin, No. CV 15-583-JJB-EWD, 2016 WL 4689044, at *3 (M.D. La. Sept. 6, 2016) (“§ 2412(d) fees award can only be paid to a litigant and not to the litigant’s attorney even when a plaintiff assigns his EAJA award to the attorney.”); see also Morris v. Colvin, No. CIV.A. 13-66-SCR, 2014 WL 2600076, at *1 (M.D. La. June 10, 2014) (despite reviewing a plaintiff’s “affidavit, in which he also purport[ed] to assign his fee recovery to his attorney, and an affidavit from his attorney itemizing the time spent on the case[,]”court noted EAJA fee awards must be awarded to plaintiff). The award may be mailed to her counsel. III. Conclusion Based on the foregoing, IT IS RECOMMENDED that the Motion (R. Doc. 21) be GRANTED and that the Commissioner be ordered to (i) make a check payable to “Bethany Stephens” for attorney fees in the amount of $5,760.00, (ii) mail such to Edward A. Wicklund, at Olinsky Law Group, 250 South Clinton, Suite 210, Syracuse, New York 13202, (iii) determine whether Plaintiff owes qualifying, pre-existing debt(s) to the Government, and (iv) reduce the awarded attorney fees to the extent necessary to satisfy such debt(s). Signed in Baton Rouge, Louisiana, on December 4, 2025. S Case 3:24-cv-00579-JWD-RLB Document 25 12/04/25 Page 4 of 4
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