Ur Rehman v. Kilolo Kijakazi, Acting Commissioner of Social Security
- Andrew Carter
- 1:20-cv-07949
- U.S. District Court · Southern District of New York
- 4
In Ur Rehman v. Kijakazi, Judge Carter awarded $9,652.2 in EAJA attorney’s fees after reducing the requested hours.
Shafiq Ur Rehman received an EAJA attorney’s-fee award of $9,652.2; the United States, through the Acting Commissioner of Social Security, was the opposing party.
What happened
Ur Rehman v. Kijakazi concerned Shafiq Ur Rehman’s request for attorney’s fees under the Equal Access to Justice Act. He requested $11,623.20 for his lawyer’s and paralegal’s work, including time spent preparing the fee request and responding to the government.
The government argued that the request was excessive because the case involved routine issues, some work duplicated the administrative proceedings, and counsel had extensive Social Security experience. The court considered the 1,525-page administrative record and rejected the argument that counsel’s client communications or experience alone justified additional reductions.
Judge Carter ruled that nine fewer hours should be compensated because the record was smaller than records in some comparable cases. The court awarded Ur Rehman $9,652.2 in attorney’s fees under the Equal Access to Justice Act and directed the Clerk to terminate the fee motion.
The detailed version
- Ur Rehman v. Kilolo Kijakazi, Acting Commissioner of Social Security · No. 1:20-cv-07949
- Andrew Carter
- Apr. 12, 2024
Issue and request
Shafiq Ur Rehman moved for attorney’s fees under the Equal Access to Justice Act (EAJA), a law that can require the United States to pay reasonable fees to a party who qualifies under the statute. He initially requested $10,856.70 for 49.3 hours of attorney work and 0.6 hours of paralegal work. He calculated an hourly rate of $219 for the attorney and $100 for the paralegal. He later requested payment for an additional 3.5 hours spent reviewing the government’s opposition and preparing his response, bringing his total request to $11,623.20.
The government argued that the requested amount was excessive and unreasonable. It sought to limit the award to $8,688.60, which would have reduced the claimed time by 9.9 hours. Its arguments were that the case did not involve complex issues, counsel’s work duplicated work performed during the administrative proceedings, and counsel had approximately 27 years of experience in Social Security law.
Court’s analysis
The court explained that EAJA fees must be reasonable and that time spent preparing and defending a fee motion may be included. Courts may consider the size of the administrative record, counsel’s experience, the complexity of the matter, and whether counsel represented the party during the administrative proceedings.
The court noted that courts in the Second Circuit generally award 20 to 40 hours for Social Security actions, but may award more when the administrative record is very large. The court rejected the government’s argument that 1.1 hours of communications between counsel and the client over eight months was excessive. It also concluded that counsel’s experience and familiarity with the record did not, by themselves, justify reducing the requested hours.
The administrative record in this case was 1,525 pages. The court determined that a nine-hour reduction was warranted because the record was significantly smaller than records in cases where courts had approved more than 40 hours. The court concluded that compensation for 40.3 hours of work was justified.
Disposition
The court awarded attorney’s fees under the EAJA in the amount of $9,652.2. It also directed the Clerk to terminate the plaintiff’s motion for attorney’s fees, ECF No. 23.
Read the full 4-page opinion on CourtListener, the free public archive maintained by the Free Law Project.