P.W. v. Berryhill
- Nathanael Cousins
- 5:19-cv-01132
- U.S. District Court · Northern District of California
- 3
In P.W. v. Saul, Judge Cousins granted P.W.’s motion for $10,673 in attorney’s fees under the Equal Access to Justice Act.
P.W. and P.W.’s attorney were affected by the award; the Commissioner of Social Security opposed the fee request.
What happened
P.W. asked the court for $10,673 in attorney’s fees under the Equal Access to Justice Act after this Social Security case. The Commissioner argued that the government’s defense was justified and that the requested amount was excessive.
The court rejected both arguments. It found that the Commissioner had not explained why the government’s position was justified, and it found that the 50.4 hours billed were reasonable after reviewing the billing records and considering the extensive record.
Judge Nathanael M. Cousins granted P.W.’s motion and awarded $10,673 in attorney’s fees.
The detailed version
- P.W. v. Berryhill · No. 5:19-cv-01132
- Nathanael Cousins
- June 26, 2020
Background
P.W. moved for attorney’s fees under the Equal Access to Justice Act (EAJA), 28 U.S.C. § 2412(d)(1)(A), and requested $10,673. The Commissioner of Social Security opposed the request, arguing that the government’s position in defending the lawsuit was substantially justified and that P.W.’s counsel had billed too many hours.
Court’s analysis
The court explained that the government bears the burden of showing that its position was substantially justified. The Commissioner argued this point only briefly and provided no supporting analysis. The court therefore found that the government had not met its burden and that fees were warranted.
The Commissioner also argued that 50.4 hours was unreasonable and asked the court to reduce the award to 30 hours. The court reviewed counsel’s billing records and found no redundant or unnecessary work. Although the case did not involve particularly complex legal issues, the court found that the extensive record reasonably required significant time. The court also relied on the rule that courts may not automatically limit attorney time in routine Social Security cases without considering case-specific factors.
Ruling
Judge Nathanael M. Cousins granted P.W.’s motion for attorney’s fees in the amount of $10,673.
Read the full 3-page opinion on CourtListener, the free public archive maintained by the Free Law Project.