Picardi v. Commissioner of Social Security
- Lewis Liman
- 1:20-cv-05315
- U.S. District Court · Southern District of New York
- 3
In Picardi v. Commissioner of Social Security, Judge Liman granted Picardi’s request for attorneys’ fees, costs, and expenses under the Equal Access to Justice Act.
Robert Picardi received an award of attorneys’ fees, costs, and expenses from the government in connection with his Social Security case. The opinion also addresses potential direct payment of the assigned fees to Picardi’s attorney if the fees are not subject to a Treasury offset.
What happened
Picardi challenged an administrative law judge’s decision finding him ineligible for disability insurance benefits. In an earlier ruling, the court ordered the case sent back to the Social Security Commissioner because some factual findings were not supported by sufficient evidence. Picardi then asked for fees and expenses under the Equal Access to Justice Act, a law that can require the government to pay a successful party’s reasonable litigation costs.
Picardi requested $5,994.37 in attorneys’ fees, $17.25 for certified mailing, and $400 for the federal filing fee. He also asked that, if the Treasury Department found he had no debt subject to offset, the government be allowed to pay the fees directly to his attorney. Picardi submitted supporting records and an assignment of the fees; the Commissioner did not oppose the request.
Judge Liman found that Picardi was the prevailing party and that the requested fees and expenses appeared reasonable. The court granted Picardi’s request for attorneys’ fees, costs, and expenses and directed the Clerk of Court to close the motion.
The detailed version
- Picardi v. Commissioner of Social Security · No. 1:20-cv-05315
- Lewis Liman
- Oct. 10, 2022
Background
Robert Picardi sought review of an administrative law judge’s decision finding him ineligible for disability insurance benefits under Title II of the Social Security Act. On November 4, 2021, the court granted Picardi’s request for judgment on the pleadings and adopted a magistrate judge’s recommendation that the case be remanded to the Commissioner of Social Security. The remand was based on the court’s determination that certain factual findings by the administrative law judge were not supported by substantial evidence.
Fee request
Picardi moved for attorneys’ fees, costs, and expenses under the Equal Access to Justice Act, 28 U.S.C. § 2412. He requested $5,994.37 in attorneys’ fees, based on approximately 30 hours of work; $17.25 for certified mailing expenses related to service of process; and $400 for the federal filing fee. He also requested an order allowing the government to accept his assignment of the fees and pay them directly to his attorney if the Department of the Treasury determined that he had no debt subject to offset. Picardi submitted an affidavit and supporting documentation, including his signed waiver of direct payment and assignment of the fees. The Commissioner did not oppose the motion.
Court’s analysis
The Equal Access to Justice Act generally requires an award to a prevailing party in a civil action against the United States unless the government’s position was substantially justified or special circumstances would make an award unjust. The court found that Picardi was a prevailing party because the earlier sentence-four remand under 42 U.S.C. § 405(g) qualified him for prevailing-party status. The court also found that the documented fees and expenses appeared reasonable, noting that approximately 30 hours fell within the range generally considered reasonable for a routine Social Security case. The opinion states that the fees could be paid directly to Picardi’s attorney if they were not subject to a Treasury offset.
Disposition
Judge Liman granted Picardi’s request for an award of attorneys’ fees, costs, and expenses. The Clerk of Court was directed to close the fee motion, docket number 25.
Read the full 3-page opinion on CourtListener, the free public archive maintained by the Free Law Project.