Levine v. Commissioner of Social Security
- Robert Lehrburger
- 1:25-cv-03669
- U.S. District Court · Southern District of New York
- 3
In Levine v. Commissioner, Judge Lehrburger granted Levine’s EAJA fee motion, awarding $8,688.48 in fees and $405 in costs.
Melinda Michelle Levine, her attorney, and the Commissioner of Social Security; the order directs payment of Levine’s fee and cost award through her law firm, subject to any Treasury Offset Program adjustment.
What happened
In Melinda Michelle Levine v. Commissioner of Social Security, Levine asked for attorney’s fees under the Equal Access to Justice Act, a federal law that can allow a party to recover legal fees from the government.
Levine’s counsel initially requested $8,058.88 for 32 hours of work. The Commissioner argued that the amount should be cut by half, but the court found the hours and hourly rate reasonable. Levine also requested $629.60 for time spent replying to the fee dispute.
Judge Robert W. Lehrburger granted the motion. He awarded Levine $8,688.48 in attorney’s fees and $405 in costs, subject to any offset under the Treasury Offset Program, with payment to be made through Levine’s law firm.
The detailed version
- Levine v. Commissioner of Social Security · No. 1:25-cv-03669
- Robert Lehrburger
- Dec. 1, 2025
Background
This order resolves Melinda Michelle Levine’s motion for attorney’s fees under the Equal Access to Justice Act (EAJA). The order concerns fees and costs; it does not describe the court’s underlying Social Security ruling in detail. It states that the Commissioner agreed to remand after Levine’s counsel focused the case on a single issue.
Arguments and Analysis
Levine’s counsel reported spending 34.1 hours litigating the matter but initially sought compensation for 32.0 hours at an hourly rate of $251.84, for a total of $8,058.88. The Commissioner opposed the request and sought a 50% reduction, arguing that counsel spent an excessive amount of time reviewing the record and preparing the brief.
The court rejected that reduction. It found that the record was substantially lengthy, counsel’s analysis and strategic planning were thorough, and the resulting brief was streamlined. After reviewing the time records, the court found the requested hours and hourly rate entirely reasonable.
Levine also sought compensation for time spent preparing the reply supporting the fee motion. Counsel spent 5.3 hours on the reply but requested payment for only 2.5 hours, totaling $629.60. The court found that request reasonable given the nature and extent of the Commissioner’s opposition.
Ruling
Judge Robert W. Lehrburger granted the motion. The court awarded $8,688.48 in attorney’s fees under the EAJA, consisting of $8,058.88 for the initial work and $629.60 for the reply, plus $405.00 in costs.
Subject to any offset under the Treasury Offset Program, payment is to be made through the Law Offices of Chermol & Fishman, LLC, with electronic funds transfer directed to the care of Levine’s attorney. The court stated that the Commissioner’s remaining arguments were either moot or without merit and directed the Clerk of Court to terminate the motion at Docket 15.
Read the full 3-page opinion on CourtListener, the free public archive maintained by the Free Law Project.