Cleo G. v. Commissioner of Social Security

Summary

The court considers Plaintiff Cleo G.'s motion for attorney's fees under the Equal Access to Justice Act following reversal and remand of the Commissioner's denial of Disability Insurance Benefits. The court finds clerical work noncompensable and reduces the requested attorney hours for excessive or duplicative work. The motion is granted in part and denied in part, with an award of $8,657.72.

Holdings

1. Purely clerical activities are overhead and are not compensable as EAJA attorney fees, regardless of whether an attorney or paralegal performs them.
2. An EAJA fee award must be reduced for attorney hours that are excessive, redundant, duplicative, unnecessary, or insufficiently supported by the billing documentation.
3. Plaintiff was entitled to $8,657.72 in EAJA attorney's fees, representing 33.9 compensable attorney hours at $255.39 per hour, while the requested paralegal hours and excluded attorney time were not compensable.

Questions Presented

1. Whether Plaintiff was entitled to an award of attorney's fees under the EAJA after obtaining reversal and remand of the Commissioner's decision.
2. Whether the requested paralegal hours and attorney hour entries were reasonably expended and compensable under the EAJA.
3. What amount constituted a reasonable EAJA fee award in light of clerical work, duplicative briefing, excessive hours, and comparable awards in similar Social Security cases.

Disposition

other