Lucht v. Berryhill

Background

Jenna Lucht filed an action seeking judicial review of the Acting Commissioner of Social Security’s denial of her claim for Social Security benefits. The parties later filed a stipulation agreeing to send the case back to the Social Security Administration for further proceedings under sentence four of 42 U.S.C. § 405(g). The court remanded the case and entered judgment in Lucht’s favor.

Lucht’s counsel then moved for attorney’s fees and costs under the Equal Access to Justice Act (EAJA), a federal law that can require the United States to pay a prevailing party’s reasonable litigation expenses. Counsel requested $8,341.27 in fees based on 42.1 hours at $198.13 per hour, plus $400 in costs.

Arguments and analysis

The Commissioner did not dispute that Lucht was a prevailing party, did not object to the requested hourly rate, and did not oppose the $400 in costs. The Commissioner objected to the number of hours as excessive because the parties stipulated to remand, the Commissioner did not file a summary-judgment motion or response, and no reply brief was needed. The Commissioner stated that an award based on no more than 35 hours would be appropriate.

The court explained that routine Social Security disability cases commonly require 20 to 40 hours of attorney time. Considering the stipulated remand and the limited briefing, the court used its discretion to reduce the requested 42.1 hours to 38 hours. At the requested hourly rate, 38 hours produced a fee award of $7,528.94.

Ruling

The court ordered that Lucht’s motion for attorney’s fees and costs under the EAJA was GRANTED in part and DENIED in part. It denied Lucht’s specific request for $8,341.27 in attorney’s fees, but granted her general request for EAJA fees and costs. The court awarded $7,528.94 in attorney’s fees and $400 in costs. Judge Franklin L. Noel signed the order as a United States Magistrate Judge.