Romero v. Commissioner of Social Security

Background

Juan Orlando Romero brought the case to obtain judicial review of the Commissioner of Social Security’s final decision denying him Supplemental Security Income under the Social Security Act. The parties later stipulated—agreed—that the case should be sent back to the Commissioner for further administrative proceedings. The court entered judgment on August 31, 2022.

The matter before the court was Romero’s unopposed motion for attorney fees under the Equal Access to Justice Act (EAJA), 28 U.S.C. § 2412. The EAJA generally requires an award of fees and expenses 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 unfair.

Court’s analysis

The government bears the burden of showing that its position was substantially justified. The government did not oppose Romero’s motion or attempt to make that showing. Based on the lack of opposition, the court found that Romero was entitled to attorney fees.

The EAJA generally caps attorney fees at $125 per hour, but allows an adjustment for increases in the cost of living. Applying that adjustment, the court approved an hourly rate of $235 for the attorney work performed primarily in June 2022. Romero’s counsel documented 43.1 hours of attorney work at $235 per hour and 0.6 hours of paralegal work at $100 per hour. The court found those amounts reasonable and calculated total fees of $10,188.50.

Romero’s counsel submitted a retainer agreement and an affidavit showing that Romero authorized payment of the EAJA fees directly to counsel. The court noted that there was no suggestion Romero owed an outstanding debt to the United States.

Ruling

Judge Stewart D. Aaron granted Romero’s motion. The court ordered the Clerk of Court to enter judgment requiring the Commissioner to pay Romero’s counsel, Daniel Berger, $10,188.50 in attorney fees under the EAJA.