Marcoux v. Commissioner Of Social Security

Background

Douglas Marcoux brought the underlying case seeking judicial review of the Commissioner of Social Security’s denial of disability insurance benefits. On August 15, 2019, the court granted Marcoux’s motion for judgment on the pleadings, denied the Commissioner’s motion for judgment on the pleadings, and remanded the case to the Commissioner under 42 U.S.C. § 405(g). The court found that Administrative Law Judge Kieran McCormack had not given appropriate weight to the opinion of Marcoux’s treating physician, Dr. Lin.

Marcoux then moved for attorney’s fees under the Equal Access to Justice Act. The Commissioner did not argue that its position was substantially justified or that special circumstances made a fee award unfair. Instead, the Commissioner argued that the time claimed was excessive.

Court’s analysis

The court determined that Marcoux was a prevailing party because he obtained a remand. Under the Equal Access to Justice Act, a prevailing party may receive fees unless the government’s position was substantially justified or special circumstances make an award unjust. The Commissioner did not contest Marcoux’s prevailing-party status and did not assert either defense.

The court considered the amount of time reasonably spent on the case. Marcoux’s filing claimed 62.5 hours, including four hours spent preparing and editing the fee motion. The court agreed that the four hours devoted to the fee motion were excessive and evaluated the underlying work using a baseline of 58.5 hours. It rejected the argument that counsel’s unfamiliarity with the records and lack of disability-law experience justified additional time in a standard Social Security case.

The court reduced the 58.5-hour baseline by 40 percent and found that 35.1 hours was reasonable. It also noted that the Social Security Administration had withheld 25 percent of Marcoux’s past-due benefits, or $8,284.50. To avoid a windfall, the court limited the Equal Access to Justice Act award to 20 percent of past-due benefits and calculated the award as $6,627.60.

Disposition

The opinion’s introduction states that Marcoux’s motion was GRANTED IN PART and that he would receive $6,627.60. Its conclusion states that the motion for attorney’s fees was GRANTED and awards the same amount. The fee award is payable directly to Marcoux. The Clerk of Court was directed to close the listed fee-motion docket entries.