Opinion
NO. 8:13-cv-3222-T-23PDB
02-24-2016
VALERIE WOLF, Plaintiff, v. COMMISSIONER OF SOCIAL SECURITY, Defendant.
Order
The plaintiff's motion for attorney's fees under the Equal Access to Justice Act (EAJA), 28 U.S.C. § 2412, includes no affidavit, no information about the two lawyers who provided the services, and no breakdown of which lawyer performed which service. See generally Doc. 31. By March 11, 2016, she may supplement her motion with sufficient information to satisfy her burden that $188.51 is the prevailing market rate in Tampa for similar services by lawyers of reasonably comparable skills, experience, and reputation. See Norman v. Housing Auth. of City of Montgomery, 836 F.2d 1292, 1299 (11th Cir. 1988) (holding movant bears burden, explaining how burden may be satisfied, and setting forth details court must provide for adequate review); Sprinkle v. Colvin, 777 F.3d 421, 428 (7th Cir. 2015) (holding EAJA cost-of-living increase is not automatic; claimant must produce satisfactory evidence that requested rate is in line with those prevailing in community for similar services by attorneys of comparable skill and experience); see also Robinson v. Comm'r of Soc. Sec., No. 8:13-cv-2073-T-23TGW, 2015 WL 176027 (M.D. Fla. Jan. 13, 2015) (unpublished) (adopting report and recommendation recommending $175 an hour for work in 2014).
Although Adam Neidenberg frequently litigates social-security cases in this Court, little is known about Matthew Sauerwald, and it appears this may be his first social-security case in this Court. --------
Ordered in Jacksonville, Florida, on February 24, 2016.
/s/_________
PATRICIA D. BARKSDALE
United States Magistrate Judge c: Counsel of Record