Coleman v. Commissioner of Social Security

Background

On October 21, 2021, the court remanded, or sent back, Coleman’s Social Security case to the Commissioner for further administrative proceedings under sentence four of 42 U.S.C. § 405(g). On February 8, 2022, Coleman moved for attorney’s fees of $2,532.44 and administrative fees of $17.25 under the Equal Access to Justice Act (EAJA). The opinion states that Coleman had initially filed the fee application on January 17, 2022, but had to re-file it because the original filing combined the motion and supporting documents improperly. The Commissioner did not respond, so the motion was uncontested.

EAJA Eligibility

The court explained that an EAJA fee award requires the claimant to be a prevailing party, the government’s position not to have been substantially justified, no special circumstances making an award unjust, and a timely fee application supported by an itemized statement.

The court found all four requirements satisfied. Because Coleman obtained a sentence-four remand, the court determined that she was a prevailing party. The court also treated the Commissioner’s failure to oppose the motion as effectively conceding that the government could not establish substantial justification. The court accepted counsel’s representation that no special circumstances made an award unjust.

The court acknowledged that the fee application was technically late under Federal Rule of Civil Procedure 54. It nevertheless excused the delay, reasoning that Coleman would have filed on time under the timing framework the court believed would have applied if the remand had been ordered through a stipulation, and noting that the government did not contest timeliness.

Amount of Fees

The EAJA generally caps attorney’s fees at $125 per hour, but permits an increased rate when justified by inflation or a special factor. The court found inflation-based adjustments appropriate and approved rates of $209.54 per hour for one hour of attorney work performed in 2020 and $217.72 per hour for 7.5 hours performed in 2021. Counsel also sought $100 per hour for 6.9 hours of paralegal work.

The court found the requested total of $2,532.44 reasonable. It noted that the administrative record was approximately 1,000 pages, counsel had drafted the complaint, filed a request to proceed without paying filing fees, reviewed the certified administrative record, and held several conferences with the defendant. The court also noted that counsel obtained a remand and handled the case efficiently. The court separately approved the requested $17.25 in administrative fees.

Disposition

Judge Katharine H. Parker granted Coleman’s motion for attorney’s fees. The court awarded $2,532.44 in attorney’s fees and $17.25 in administrative fees and directed the clerk to enter judgment. If the Treasury Department determines that Coleman owes a federal debt subject to offset, payment must be made payable to Coleman and delivered to her attorney, Howard Olinsky. If no such debt exists, payment may be made directly to Olinsky.