Rivera v. Kijakazi
- Jones
- 1:21-cv-11174
- U.S. District Court · Southern District of New York
- 7
Rivera v. Kijakazi: Judge Jones granted Rivera’s fee motion but reduced the Equal Access to Justice Act award to $11,561.50.
Marlene Rivera and her attorney, whose requested Equal Access to Justice Act fee was reduced from $14,798.72 to $11,561.50; the Commissioner must account for any federal debt before payment.
What happened
In Rivera v. Kijakazi, Marlene Rivera asked for attorney’s fees under the Equal Access to Justice Act after prevailing in the case. The Commissioner did not dispute that Rivera was the prevailing party or argue that the government’s position was substantially justified, but challenged the amount requested.
Rivera’s counsel requested $14,798.72 for 64 hours of work. The court found that the case involved a large 3,604-page administrative record, but that the legal and factual issues were common and straightforward. It also found that the billing records did not provide enough detail to justify more than the usual range of hours for a routine Social Security case.
Judge Gary R. Jones granted the motion and awarded $11,561.50 for 50 hours of work. The award may be offset if Rivera owes a debt to the federal government; if she does not, the Commissioner must pay the fees directly to her counsel.
The detailed version
- Rivera v. Kijakazi · No. 1:21-cv-11174
- Jones
- Mar. 7, 2023
Background
Marlene Rivera filed a petition seeking attorney’s fees under the Equal Access to Justice Act. Her counsel requested $14,798.72 for 64 hours of work. The Commissioner did not dispute that Rivera was the prevailing party and did not challenge the request on the ground that the government’s position was substantially justified. The Commissioner argued instead that the requested amount was excessive.
The underlying Social Security case was resolved by a stipulation of the parties. Rivera’s counsel relied on a 3,604-page medical record and a 48-page memorandum of law to support the request. The opinion states that Rivera’s arguments focused mainly on migraines and their effect on her ability to maintain employment.
Legal Standard
The Equal Access to Justice Act generally requires an award of reasonable attorney’s fees to a party who prevails against the United States in a qualifying civil case, unless the government’s position was substantially justified or special circumstances would make an award unjust. The person requesting fees must establish that the hours claimed were appropriate and must exclude excessive, duplicative, or unnecessary work.
The court explained that courts in the Second Circuit generally consider 20 to 40 hours reasonable for a routine Social Security case. More time may be justified by a very large administrative record or unusually complex factual or legal issues.
Court’s Analysis
The court agreed that the administrative record was large, but concluded that Rivera had not shown that all 64 hours were reasonable and necessary. First, because the case was resolved by stipulation, counsel did not need to file a reply brief. Second, the court found that the case did not involve unusually difficult, complex, or novel legal or factual issues. Third, the submitted time records listed 11 hours for reviewing the record and 49 hours for preparing the memorandum without enough detail about the specific issues or portions of the record addressed.
The court rejected the Commissioner’s request for a 25-percent reduction across all 60 hours spent reviewing the record and drafting the memorandum. It found that 11 hours for reviewing the unusually large record was reasonable. However, it found that 49 hours for preparing the memorandum was excessive and unreasonable, and determined that 35 hours was more than reasonable for that work.
Disposition
Judge Gary R. Jones ordered that Rivera’s motion for payment under the Equal Access to Justice Act was GRANTED in the amount specified in the order. The court awarded $11,561.50, representing 50 hours of work: 11 hours reviewing the record, 35 hours preparing the memorandum, and four hours preparing chronologies and the fee motion, at $231.23 per hour.
Payment is subject to any debt Rivera owes the United States. The Commissioner must first determine whether Rivera owes a federal debt. If the Treasury Department determines that she does not, the Commissioner must pay the fees directly to Rivera’s counsel.
Read the full 7-page opinion on CourtListener, the free public archive maintained by the Free Law Project.