Patterson v. Commissioner of Social Security

Background

Veronica B. Patterson filed an action under 42 U.S.C. § 405(g) seeking review of the Commissioner of Social Security’s decision that she was not entitled to Social Security benefits. After discussions between the parties, they agreed to a remand, meaning that the case would return to the Commissioner for further administrative proceedings. On July 2, 2021, the court entered the remand order, and the Clerk entered judgment.

Patterson then moved for attorney’s fees under the Equal Access to Justice Act (EAJA), a law that can require the government to pay reasonable fees when a party successfully litigates against it and the government’s position was not substantially justified. Patterson requested $12,131.38 in fees and $400 in costs. The requested fees covered 2.30 hours of work in 2020 at $212.40 per hour, 51.30 hours of work in 2021 at $216.41 per hour, and 2.5 hours spent responding to the Commissioner’s opposition to the fee motion.

Entitlement to Fees

The court determined that Patterson was a prevailing party because she obtained a sentence-four remand. The Commissioner did not challenge the other requirements for an EAJA award, including whether the government’s position was substantially justified. The court independently found that there were no special circumstances making an award unjust and that Patterson’s motion was timely. The court therefore concluded that Patterson was entitled to EAJA fees.

Amount of Fees

The Commissioner argued that the fee request was excessive because the legal issues were straightforward, two attorneys worked on the case, and the number of hours exceeded the typical amount for an average Social Security case. The court rejected those objections. It found that the administrative record exceeded 1,200 pages, the attorneys made three distinct arguments about errors by the administrative law judge, and the case had procedural complexity. The court concluded that the 53.60 hours spent on the case were not unreasonable.

The court also found no duplication of effort. The attorneys worked on separate tasks at different times, and the reviewing attorney’s editing work was minimal.

The court denied compensation for the additional 2.5 hours spent on the fee motion. Although time spent litigating a fee application can be compensable, the court found that Patterson had not provided contemporaneous time records or other supporting documentation for those hours.

Disposition

The court granted in part and denied in part Patterson’s fee motion. It awarded $11,590.35 in attorney’s fees and $400 in costs, for a total award of $11,990.35, and directed the Commissioner to pay that amount.