Holman v. Commissioner of Social Security

Background

Jovanna A. Holman filed a Social Security appeal against the Commissioner of Social Security. The court previously granted Holman’s motion for judgment on the pleadings, denied the Commissioner’s cross-motion for the same relief, entered final judgment, and remanded the case to the Commissioner.

Fee Motion

After the remand, Holman moved for attorneys’ fees under the Equal Access to Justice Act. She requested $9,659, based on 46 hours of attorney work at $209 per hour and one-half hour of paralegal work at $90 per hour. The Commissioner opposed the request as excessive, arguing that routine Social Security cases generally require between 20 and 40 hours. The Commissioner did not object to Holman’s requested hourly rate.

Magistrate Judge’s Recommendation and Review

Magistrate Judge Katharine H. Parker recommended granting Holman’s motion and awarding $9,659. The recommendation stated that the 46 attorney hours were only modestly above the 40 hours the Commissioner conceded were reasonable and found the requested hourly rate reasonable.

Because neither party filed objections, the parties waived judicial review of the recommendation. The district court nevertheless reviewed it for clear error, meaning an obvious mistake apparent from the record. The court found the recommendation thorough, well-reasoned, and free of clear error.

Disposition

Judge Paul G. Gardephe adopted Magistrate Judge Parker’s recommendation in its entirety and awarded Holman $9,659 in attorneys’ fees. This order addressed the fee request rather than the underlying Social Security benefits dispute.