Gregory S. v. Saul

Background

Gregory S. brought a Social Security case challenging the denial of his application for disability benefits based on physical and mental impairments. On January 29, 2021, the court granted Gregory S.’s motion for summary judgment, denied the Commissioner’s cross-motion for summary judgment, and remanded the case for further administrative proceedings.

The court’s earlier decision found several errors by the administrative law judge, including errors involving Gregory S.’s testimony, the reasons given for rejecting statements from three other individuals, and the evaluation of medical opinions from four physicians. The court directed further consideration of the medical evidence and of Gregory S.’s lack of treatment during the relevant period.

Gregory S. then moved for attorney’s fees under the Equal Access to Justice Act, a federal law that can require the United States to pay a prevailing party’s reasonable fees unless the government’s position was substantially justified or special circumstances make an award unjust. He requested $12,037.42. The Commissioner opposed the motion, arguing that the government’s position was substantially justified and that the requested amount was unreasonable.

Substantial justification

The court held that the Commissioner did not show that the government’s position was substantially justified. It emphasized that the earlier decision identified multiple errors involving the administrative law judge’s consideration of medical evidence and Gregory S.’s pain testimony. The court rejected the Commissioner’s general assertion that the record provided some basis for the government’s position.

Reasonableness of the requested fees

Gregory S.’s attorney, Katherine Siegfried, submitted a declaration describing the time spent on the litigation. The requested hourly rates were $205.25 for work performed in 2019 and $207.78 for work performed in 2020 and 2021. The Commissioner did not challenge the hourly rates, and the court found them reasonable.

The Commissioner argued that the time spent on the opening brief and reply was excessive because Siegfried was experienced. The court rejected that argument. It noted that the administrative record was nearly 700 pages and that Gregory S.’s brief raised three substantive legal issues with numerous subpoints, nearly all of which supported reversal of the administrative law judge’s decision. The court found reasonable the 50.4 hours spent preparing the briefing and the 7.7 hours spent preparing the fee motion and reply.

Disposition

Judge Jacqueline Scott Corley granted Gregory S.’s motion for attorney’s fees under the Equal Access to Justice Act and awarded $12,037.42. The order states that the award should be paid directly to Gregory S.’s counsel, The Law Offices of Katherine Siegfried. The order disposed of Docket No. 24.