Khan v. Commissioner of Social Security

Background

Yvonne Maria Khan appealed the Social Security Administration’s denial of her application for disability benefits based on physical and mental impairments, including degenerative disc disease, fibromyalgia, knee and shoulder problems, a hand and wrist condition, bone spurs, and depression. On June 3, 2019, the court granted Khan’s motion for summary judgment, denied the Commissioner’s cross-motion for summary judgment, and remanded the case for further administrative proceedings. The court concluded that the administrative law judge needed to better consider medical and testimonial evidence in light of Khan’s fibromyalgia and reassess her residual functional capacity.

Khan then sought attorney’s fees under the Equal Access to Justice Act, a federal law that can require the government to pay a prevailing party’s reasonable fees and expenses when the government’s position was not substantially justified. She initially requested $8,413.60 in fees, $400 in costs, $21.68 in expenses, and $674 for time spent preparing her reply. Her total fee request was $9,087.60, in addition to costs and expenses.

Fee ruling

The Commissioner did not argue that the government’s position was substantially justified and challenged only the amount of the requested fees and whether the payment could go directly to counsel. The court therefore determined that Khan was entitled to an award as the prevailing party, but reviewed whether the requested hours and rates were reasonable.

The court found nine time entries involving purely clerical or secretarial tasks that were not compensable and reduced the award by 4.0 hours, or $568.94. It also reduced the time for one task involving a referral back to the referral source by 0.1 hour, or $12.50, because the time was excessive. The court rejected the challenges based on block billing and multiple 0.1-hour entries, finding that the billing descriptions allowed the court to evaluate the work and that the remaining entries were specific and substantive. The court also approved $674 for 3.3 hours spent preparing the reply brief.

The court awarded $8,506.16 in attorney’s fees, plus $400 in costs and $21.68 in expenses. The total award was $8,927.84 for 40.7 hours of work.

Payment to counsel

The court recognized that Equal Access to Justice Act fees are awarded to the prevailing party rather than automatically to the attorney. It nevertheless ordered direct payment to the Olinsky Law Group because Khan had assigned the fees to that firm. The payment was subject to any offset for outstanding federal debt determined through the Treasury Offset Program.

Disposition

Judge Jacquelyn Scott Corley granted in part Khan’s motion for an Equal Access to Justice Act award and ordered a total payment of $8,927.84, including fees, costs, and expenses, directly to the Olinsky Law Group subject to any applicable federal-debt offset.