Sonia S. v. Bisignano

Background

Sonia S. challenged the Commissioner of Social Security’s decision denying her disability benefits. The court remanded the matter to the Social Security Administration on February 6, 2026, consistent with the parties’ joint stipulation for remand. Sonia S.’s attorney, Thomas A. Krause, then moved for attorney fees under the Equal Access to Justice Act (EAJA), requesting $12,358.70 for 47.8 hours of work.

The Commissioner opposed the requested amount and asked the court to award $9,281.74. He argued that some of the billed tasks were clerical and therefore not compensable as attorney work. He also argued that the time spent reviewing the medical record and preparing Sonia S.’s brief was unreasonable.

Court’s Analysis

The court explained that the EAJA permits a prevailing party to recover reasonable attorney fees when the statutory requirements are met. Purely clerical work is not compensable as attorney fees. Krause conceded that 0.6 hours of billed time was clerical. The court nevertheless found that the descriptions of the other disputed tasks showed they were legal in nature and compensable under the EAJA. The court also noted that Krause had not requested payment for preparing the reply addressing the fee dispute.

The court rejected the Commissioner’s argument that the total number of hours was excessive. Although courts often award between 20 and 40 hours in Social Security cases, the court stated that this range is flexible and depends on the facts. It found that 47.8 hours was consistent with standards in the District of Minnesota and that 28.7 hours spent drafting the brief and 9.8 hours reviewing medical records were not unreasonable. The court considered the unfamiliar medical conditions involved in the case.

Disposition

The court GRANTED Sonia S.’s Motion for Attorney’s Fees. It authorized payment to Thomas A. Krause of $12,358.70 under the Equal Access to Justice Act, 28 U.S.C. § 2412, for attorney fees for court-related services.