Rivalis v. Commissioner of Social Security

Background

Shaniqua Rivalis moved for attorney’s fees under the Equal Access to Justice Act, a federal law that permits a prevailing party against the United States to recover reasonable attorney’s fees. She initially requested $13,572.80 for 57.3 hours of attorney work and 0.5 hours of paralegal work. She later requested fees for an additional 2.60 hours spent reviewing the government’s opposition and preparing her response, bringing the total request to $14,186.40.

The government did not challenge the statutory requirements for an award or the proposed hourly rates. Instead, it argued that the requested amount was excessive and unreasonable because the case did not involve complex issues, Rivalis’s lawyer had represented her during the administrative proceedings, and the requested work included duplicative record review and factual summaries. The government also argued that counsel’s approximately 26 years of Social Security experience supported reducing the award. It asked the court to limit the award to $10,292.40.

Court’s analysis

The court explained that district courts have broad discretion to decide whether a fee request is reasonable. Relevant considerations include the size of the administrative record, the lawyer’s experience, the complexity of the matter, and whether the lawyer also represented the claimant during the administrative proceedings.

The court noted that courts in the district generally award 20 to 40 hours for Social Security cases, but may award more when the administrative record is especially large. The court also stated that the record’s length is not by itself decisive. Although Rivalis’s lawyer had extensive experience and was familiar with the record from the administrative proceedings, the court explained that experience alone does not justify reducing the hours requested.

Ruling

The court concluded that the 2,775-page administrative record justified Rivalis’s request for 57.3 hours of attorney work. It therefore ordered that Rivalis be awarded $14,186.40 in attorney’s fees under the Equal Access to Justice Act. The Clerk was directed to terminate the motion for attorney’s fees, ECF No. 23.