Patricia A. L. v. Saul

Background

Patricia A. L. sought judicial review of the denial of her application for Social Security disability benefits. On September 10, 2020, the court granted in part her motion for summary judgment, denied the Commissioner’s motion for summary judgment, and remanded the case under sentence four of 42 U.S.C. § 405(g) for further proceedings.

The matter before the court was Plaintiff’s Counsel’s petition for attorney fees under the Equal Access to Justice Act (EAJA). Counsel requested $12,236.40 for 59.4 hours of work at an hourly rate of $206.00.

Arguments and Analysis

Under the EAJA, a prevailing party in an action reviewing agency action may receive reasonable attorney fees unless the United States’ position was substantially justified. A sentence-four remand qualifies the plaintiff as a prevailing party for this purpose. The government did not object to an EAJA award or to the proposed $206 hourly rate. It did object to fees for more than 35 hours, arguing that the issues were not novel or complex and that the requested time for reviewing the administrative record and preparing the briefs was unreasonable.

The court reviewed the itemized time records. It noted that the administrative record was approximately 1,800 pages and that reviewing and analyzing it took significant time. The court found that the hours billed and legal work performed were not entirely excessive or unreasonable. But the court also noted that the same counsel had reduced a similar fee request by 10% in another case involving similarly complex issues and a similar-sized record. The court therefore found a 10% reduction reasonable.

Disposition

Judge Becky R. Thorson ordered that Plaintiff’s Counsel’s EAJA petition was GRANTED IN PART. The court awarded Patricia A. L. a total EAJA award of $11,012.76, less any pre-existing debt she owes the United States.