Vicky K. v. Saul

Background

Vicky K. sought judicial review of the Commissioner of Social Security’s final decision denying her application for supplemental security income. She challenged the Administrative Law Judge’s evaluation of medical opinion evidence and her limitations. The Commissioner later moved to reverse and remand the case, and the court granted that motion on September 17, 2020, ordering further administrative action.

Vicky K.’s counsel then petitioned for attorney’s fees under the Equal Access to Justice Act (EAJA), 28 U.S.C. § 2412. Counsel requested $9,294.48 for 45.2 hours of work at a claimed rate of $205.63 per hour. The Commissioner did not argue that the government’s position was substantially justified. Instead, the Commissioner argued that the requested fees were unreasonable and proposed an award of no more than $7,197.05.

Hourly Rate

The EAJA generally limits attorney’s fees to $125 per hour, but permits a higher rate when an increase in the cost of living justifies it. Applying the Consumer Price Index, the court calculated the appropriate hourly rate for work performed in 2019 as $205.60 per hour. The court found that rate reasonable. Using that rate for 45.2 hours produced an award of $9,293.12.

Hours Expended

The Commissioner challenged several categories of billed time. The Commissioner argued that two hours spent before the complaint was filed were not compensable, but the court found those hours reasonable because counsel reviewed the underlying documents and conferred with Vicky K. before filing and had not represented her during the administrative proceedings.

The Commissioner also argued that 45.2 hours was excessive because the case involved a common and non-novel issue. The court rejected that argument, finding that the administrative record was lengthy and that the medical-opinion issue involved multiple medical sources and complex mental-health issues. The court also rejected objections to allegedly duplicative file-review entries and to counsel’s time reviewing court filings, orders, emails, and other communications.

Disposition

The court ordered that Vicky K.’s counsel’s EAJA petition was GRANTED and that Vicky K. was awarded $9,293.12 in reasonable attorney’s fees. Under the order, the award is payable to Vicky K. as the litigant and is subject to offset for any preexisting debt she may owe the United States. Because of Vicky K.’s assignment of the fees, the Commissioner must send the payment, after any required offset, to counsel Karl E. Osterhout in Vicky K.’s name.