Shila M. v. Kijakazi

Background

Shila M. applied for Social Security Disability Insurance in October 2018. The Social Security Administration denied the application initially and on reconsideration. An Administrative Law Judge later found her not disabled, and the Appeals Council denied review.

Shila M. filed this case seeking judicial review. On January 21, 2022, the court approved the parties’ agreement to return the case to the Social Security Administration for further proceedings under sentence four of 42 U.S.C. § 405(g), and entered judgment in her favor. Shila M. then sought attorney fees under the Equal Access to Justice Act, initially requesting $22,406.62 and later reducing the request to $21,536.46.

Legal standard

The Equal Access to Justice Act generally requires an award of reasonable attorney fees to a party who prevails in a civil action against the United States unless the government’s position was substantially justified or special circumstances would make an award unfair. A party who obtains a remand of a Social Security decision qualifies as a prevailing party for this purpose, even if the party is not ultimately awarded benefits.

The court also had to determine whether the requested fees were reasonable. That generally involves multiplying the reasonable hours worked by a reasonable hourly rate. Fees may be reduced for inadequate documentation, unreasonable hours, or limited success.

Fee dispute

Attorney Helena Jordan reported 103 hours of work. Shila M. sought an hourly rate of $217.54 for work performed in 2021, and the Commissioner did not challenge that rate. The Commissioner instead argued that the hours were unreasonable, including 7.5 hours spent on the complaint and an application to proceed without paying filing fees, and 88 hours spent on the opening brief.

Counsel withdrew four hours associated with finalizing and submitting filing documents because that time may have included clerical work. The court therefore reduced the request by $870.16. The court allowed the remaining 3.5 hours related to the amended complaint and fee application because the court had required an amended complaint and a renewed, detailed financial application.

The court also rejected the Commissioner’s request to reduce the opening-brief hours by 60 percent. The administrative record exceeded 1,200 pages, included more than 900 pages of medical records, and involved eight separate challenges to the Administrative Law Judge’s decision. The court nevertheless found the total number of hours high, particularly because the parties agreed to remand after the opening brief and Shila M. did not need to respond to a defense motion for summary judgment. It imposed a 10 percent reduction on the requested amount.

Ruling

The court granted Shila M.’s motion for attorney fees in the amount of $19,382.81. Because Shila M. assigned the Equal Access to Justice Act fees to her attorney, the award is to be paid directly to counsel, subject to any debt offset.