Sarah K. v. Kijakazi

Background

Sarah K. filed the underlying case seeking review of the Acting Commissioner of Social Security’s decision denying her applications for Supplemental Security Income and Disability Insurance Benefits. On June 7, 2022, the court remanded the case to the Commissioner under sentence four of 42 U.S.C. § 405(g), based on the parties’ joint stipulations.

Sarah K. later moved for attorney fees under the Equal Access to Justice Act, a federal law that can require the government to pay reasonable fees when a qualifying party succeeds in a case against the United States. She requested $9,196.18 for 41.40 hours of work at an hourly rate of $222.13. The Commissioner did not object to the amount and did not argue that the government’s position had been substantially justified.

Court’s Analysis

The court explained that the Equal Access to Justice Act generally limits attorney fees to $125 per hour unless an increased cost of living or another special factor supports a higher rate. The court accepted the cost-of-living adjustment supporting the requested $222.13 hourly rate. It also reviewed counsel’s itemized time records and found that 41.40 hours of work were neither excessive nor unreasonable.

Disposition

The court granted Sarah K.’s motion and awarded $9,196.18 in reasonable attorney fees under the Equal Access to Justice Act. Under the court’s order, the award is payable to Sarah K. as the litigant and is subject to an offset for any pre-existing debts she may owe to the United States. After any required offset, the payment must be sent in Sarah K.’s name to the office of Karl E. Osterhout, her counsel, pursuant to the assignment of attorney fees.