DeAnna T. v. Kijakazi

Background

DeAnna T. initially filed the Social Security case without a lawyer, seeking review of a final decision denying her application for disability benefits and/or supplemental security income. Attorney Ann Elizabeth Motl later entered an appearance and represented her in the federal case.

DeAnna T. moved for summary judgment on three issues involving the administrative law judge’s treatment of intellectual disability, her ability to use her fingers, hands, and sense of touch, and the Appeals Council’s treatment of later-submitted evidence. On August 16, 2021, the court granted in part and denied in part her motion and remanded the case to the Commissioner for further administrative proceedings under sentence four of 42 U.S.C. § 405(g).

Fee request and arguments

Counsel moved for attorney’s fees under the Equal Access to Justice Act (EAJA), a law that can require the government to pay reasonable fees to a prevailing party in qualifying cases. Counsel requested $12,432.60, based on 60 hours at $207.21 per hour.

The Acting Commissioner agreed that DeAnna T. was the prevailing party and was entitled to EAJA fees. The Commissioner did not argue that the government’s position was substantially justified, but disputed the amount. The Commissioner proposed reducing the award to $7,000, which represented 33.8 hours, and argued that the request was unreasonable or unsupported because of the time spent on various tasks, counsel’s familiarity with Social Security law, the length of the administrative record, and other billing entries.

Counsel’s time records reflected 194.6 hours, but counsel voluntarily reduced the request to 60 hours. Counsel stated that the reduction accounted for possible clerical work, time spent learning applicable Social Security rules and practices, and 39.2 hours performed by a law student or clerk, for which counsel did not seek reimbursement.

Court’s analysis

The court accepted the March 2020 Consumer Price Index calculation supporting the $207.21 hourly rate. The Commissioner did not dispute that rate, and the court found it reasonable under the EAJA’s cost-of-living adjustment.

The court also found that 60 hours was a reasonable amount of compensable attorney time. It explained that counsel had not represented DeAnna T. during the administrative proceedings and therefore had to review and analyze an administrative record of approximately 882 pages. The case involved physical, intellectual, and mental or emotional disabilities, multiple medical and expert opinions, and complex mental-health issues.

The court rejected the argument that more than 40 hours was automatically unreasonable. It also rejected the argument that counsel’s voluntary reduction from 194.6 hours was arbitrary or required another reduction. The court noted that counsel had already excluded substantial time and that the Commissioner’s challenged entries did not justify reducing the request to 33.8 hours. The court further concluded that the challenged work, including time spent reviewing the court’s prior order and communicating with DeAnna T., did not require an additional reduction.

Disposition

The court granted Plaintiff’s Counsel’s Motion for Award of Attorney’s Fees Pursuant to the EAJA. It awarded DeAnna T. $12,432.60 for reasonable attorney’s fees.

Under the order, the EAJA award is payable to DeAnna T. as the litigant and is subject to offset for any preexisting debts she may owe the United States. Under DeAnna T.’s assignment of attorney’s fees, the Acting Commissioner must send the payment, after any required offset, to Ann Elizabeth Motl in DeAnna T.’s name.