Tristan M. v. Kijakazi

Background

The court had previously partly granted Tristan M.’s summary-judgment motion and remanded the matter to the Social Security Administration for further proceedings. Tristan M. then moved for attorney fees under the Equal Access to Justice Act, a federal law that generally allows a prevailing party in a case against the United States to recover reasonable fees unless the government’s position was substantially justified or special circumstances would make an award unjust.

The Commissioner did not argue that either exception applied. Instead, the Commissioner challenged the amount requested. Tristan M.’s counsel reported 43.2 hours of work but requested compensation for 39 hours at $205 per hour, totaling $7,995, plus $100 in costs.

Parties’ Arguments

The Commissioner argued that only 24.39 hours were reasonable and that the award should be no more than $5,000. The Commissioner challenged some time entries as too vague, argued that counsel should have reduced the time spent on a legal issue referred to as the “Selia” issue, and argued that counsel did not need to file a reply because the parties had agreed to a remand.

Tristan M. argued that the requested time was reasonable because the administrative record was almost 1,200 pages, some issues were factually intensive and complex, and counsel had not represented him in the administrative proceedings and therefore needed time to become familiar with the record. Tristan M. also argued that counsel had already voluntarily reduced the compensable hours from 43.2 to 39.

Court’s Analysis

The court found that the requested 39 hours were reasonable. It rejected the Commissioner’s objections that particular entries were too vague and that the time spent on the “Selia” argument was excessive. The court also declined to reduce the award because the Commissioner agreed to remand and no reply brief was necessary.

The court applied a rate of $205 per hour because the requested rate was supported by cost-of-living data and the Commissioner did not challenge that method. The court concluded that 39 hours at that rate, for a total of $7,995, was consistent with other Equal Access to Justice Act awards in Social Security cases in the district. It also found the requested $100 in costs reasonable.

Ruling

Judge Tony N. Leung granted Tristan M.’s motion for attorney fees under the Equal Access to Justice Act. The order awarded $7,995 in attorney fees and $100 in costs. The fees and costs are payable to Tristan M. as the litigant and may be offset to satisfy any preexisting debt Tristan M. owes to the United States.