Memorandum from Program Litigation

July 29, 2024

The Social Security Administration’s Program Litigation 6 Office in Denver is responsible for handling litigation in the district courts in Oklahoma and New Mexico. As outlined below, this office is continuing the established practice of agreeing to the maximum hourly rate that may be requested under the Equal Access to Justice Act (EAJA). This practice accommodates the preference of several district courts in Oklahoma and New Mexico to calculate the maximum EAJA rate on an annualized basis. This practice also minimizes unnecessary litigation over the maximum EAJA rate.

This office values an efficient EAJA process. To that end, we encourage attorneys to confer with us in advance of filing an EAJA petition to determine whether a stipulation is possible. Conferral in advance will not always result in agreement but can save time and costs for both parties in appropriate cases.

The annual maximum hourly rates that may be requested for work performed during all months of the applicable year are set forth below. The following maximum hourly rates are ONLY applicable to cases arising in the district courts of Oklahoma and New Mexico:

YEAR	HOURLY RATE
2024	$251
2023	$245
2022	$235
2021	$218
2020	$208
2019	$205
2018	$202
2017	$197
2016	$193
2015	$190
2014	$190
2013	$187
2012	$184
2011	$181
2010	$175

YEAR	HOURLY RATE
2009	$172
2008	$173
2007	$166
2006	$162
2005	$157
2004	$152
2003	$148
2002	$144
2001	$142
2000	$138
1999	$134
1998	$131
1997	$129
1996	$125

SOCIAL SECURITY ADMINISTRATION BALTIMORE, MD 21235-0001

The EAJA statute generally authorizes attorney fees based upon the prevailing market rates for the kind and quality of services rendered, not to exceed the statutory cap of $125.00 per hour. 28 U.S.C. § 2412(d)(2)(A). The hourly rate for 1996 is based on Congress’ March 1996 amendments to the EAJA, which set the maximum hourly rate to $125.00. To remain consistent with the computation method used in previous years to determine the cost-of-living adjustment (COLA), the maximum hourly rates to be applied for attorney work done during the 1997 through 2023 calendar years are based upon the yearly Average Consumer Price Index for All Urban Consumers (CPI-U) published by the Bureau of Labor Statistics (BLS). The maximum hourly rate for 2023 is $245.00, which is based on the yearly Average CPI-U for the 2023 calendar year (304.702). The current maximum hourly rate for 2024 is $251.00, which is based on the recently published semiannual average CPI-U for the 2024 calendar year (312.145).

An easy formula to use to calculate the current maximum hourly rate is to divide the current Average CPI-U by the CPI-U for the base month (i.e., March 1996 CPI-U = 155.7), and then multiply the result by the base statutory hourly rate (i.e., $125.00). The formula looks as follows:

Average CPI-U -- Current CPI-U for March 1996 (155.7) x $125.00 = Current Maximum Hourly Rate

The 2024 semi-annual average CPI-U is 312.145. Thus, the 2024 hourly rate of $251.00 is computed as follows:

312.145 x $125.00 = $250.60, or $251.00 rounded off to the nearest dollar 155.7

We note that courts have held that attorney time should be billed in tenth-of-an-hour increments, not quarter-hour increments. Also, work which was or could have been done by support staff, regardless of who performed the work, is not compensable and should not be included in the EAJA application.

We believe this computation method is equitable for all parties. The Program Litigation 6 Office looks forward to continuing the amicable working relationship we have established with other offices in these regions. If you have any questions, please do not hesitate to contact Gregg Marsano, Supervisory Attorney, at (303) 844-0460.

Because the 2024 rate is currently based on the 2024 semiannual average CPI-U, it is subject to adjustment based on the longitudinal data collected by the BLS in 2024. We will update the 2024 rate based on the annual index published by BLS. As noted in prior memoranda, we plan to update rates twice per calendar year based exclusively on the semiannual and annual indexes published by BLS.

Memorandum from Program Litigation – 6 Office Regarding Social Security Litigation in Oklahoma and New Mexico

SOCIAL SECURITY ADMINISTRATION BALTIMORE, MD 21235-0001