Santiago v. Commissioner of Social Security

Background

This opinion concerns Santiago’s motion for attorney’s fees under the Equal Access to Justice Act, a federal law that can require the government to pay reasonable legal fees when a claimant prevails against the government and specified conditions are met.

In the underlying Social Security appeal, Santiago challenged an administrative law judge’s decision. He argued that the administrative law judge improperly evaluated his depression, back pain, treating physician’s opinion, medication side effects, obesity, other impairments, ability to work, and the applicable Medical-Vocational Guidelines. The Commissioner argued that the decision was supported by substantial evidence and that the administrative law judge properly applied the relevant rules.

On August 3, 2020, the court adopted Magistrate Judge Kevin Nathaniel Fox’s report and recommendation, granted Santiago’s motion for judgment on the pleadings, denied the Commissioner’s cross-motion for judgment on the pleadings, and remanded the matter to the Commissioner for further administrative proceedings. The remand was under sentence four of 42 U.S.C. § 405(g). The court stated that this made Santiago a prevailing party for purposes of the fee request.

Fee request and opposition

Santiago’s counsel requested $10,245: 50 hours of attorney work at $204 per hour and 0.5 hours of paralegal work at $90 per hour. The 50 attorney hours included 47.7 hours through preparation of the fee application and 2.3 hours spent responding to the government’s opposition. The government objected that the number of hours was excessive compared with the usual 20-to-40-hour range for routine Social Security cases. It did not challenge Santiago’s eligibility for fees or the requested hourly rates.

Court’s analysis

The court found that the requirements for an Equal Access to Justice Act award were met. Santiago was a prevailing party because the court had ordered a sentence-four remand. The government did not contest that its position was not substantially justified and therefore conceded Santiago’s entitlement to reasonable fees. The court also found that Santiago’s net worth was below the applicable limit, that no special circumstances made an award unjust, and that the motion was timely.

The court determined that the hours were reasonable. Although the legal issues were not unusually complex, the administrative record contained 1,113 pages, and counsel had to review it to present seven distinct arguments. Counsel had not represented Santiago during the administrative proceedings, so counsel had to become familiar with the record. The court declined to reduce the hours merely because they exceeded the average for Social Security cases.

Ruling

The court granted Santiago’s motion and awarded attorney’s fees of $10,245. The award consisted of 50 hours of attorney time at $204 per hour and 0.5 hours of paralegal time at $90 per hour. Judge Katherine Polk Failla also directed the Clerk of Court to terminate the fee motion at docket entry 26.