BERNARDO P. VELASCO, Magistrate Judge.
This action commenced when Plaintiff Jessie Marie Betancourt sought judicial review of Defendant's decision denying her applications for disability insurance benefits and supplemental security income. Upon consideration of the parties' briefs on the issue, this Court entered an Order reversing the Commissioner's decision and remanding the matter for further proceedings. (Doc. 30; see also Judgment (Doc. 31)). Pursuant to the Equal Access to Justice Act ("EAJA"), 28 U.S.C. § 2412(d), Plaintiff now seeks attorney's fees in the amount of $8,828.98 for time that Plaintiff's attorney, Mark Caldwell, spent working on her case before this Court, including time spent briefing the instant fee petition. (Plaintiff's Motion for Award of Attorney's Fees (Docs. 32); see also Plaintiff's Brief in Support of Motion for Award of Attorney's Fees under the EAJA ("Plaintiff's Brief") (Doc. 32-2); Itemization of Services (Doc. 32-1); fee agreements with Plaintiff (Doc. 32-3); Affidavit of Plaintiff's Counsel (Doc. 32-4); Plaintiff's Reply and supplement (Docs. 34, 35)). Defendant has filed a Response in opposition to Plaintiff's Motion (Doc. 33) and Plaintiff has filed a Reply and supplemental affidavit of counsel. (Docs. 34, 35). For the following reasons, the Court grants Plaintiff's Motion for Award of Attorney's Fees.
The EAJA authorizes federal courts to award reasonable attorney's fees, court costs, and other expenses when a party prevails against the United States, unless the court finds that the government's position was substantially justified or that special circumstances make an award unjust. 28 U.S.C. § 2412(d)(1)(A); see also Ibrahim v. United States Dep't. of Homeland Security, 835 F.3d 1048, 1054 (9
Attorney fees and expenses awarded under the EAJA must be reasonable. See 28 U.S.C. § 2412(d)(2)(A). The district court has discretion to determine a reasonable fee award. See 28 U.S.C. § 2412(b); Costa v. Commissioner of Soc. Sec., 690 F.3d 1132, 1135 (9
In her EAJA petition, Plaintiff originally requested $8,543.56 for 44.9 hours of work billed at a rate of $190.28.
Defendant objects to the fee sought, arguing that it is unreasonable. According to Defendant, Plaintiff's counsel should be compensated for only 35 hours of work, resulting in a fee award of $6,659.80, because Plaintiff's case was "routine" in that it did not involve an unusually long transcript or complex or novel issues. (Response, at 3-5). Defendant also argues that Plaintiff's fee should be reduced because she achieved only "limited" success. (Id. at 5).
Under the EAJA, "a district court's award of attorney's fees must be `reasonable.'" Sorenson v. Mink, 239 F.3d 1140, 1145 (9th Cir. 2001) (quoting Hensley, 461 U.S. at 433)). "`[T]he most useful starting point for determining the amount of a reasonable fee is the number of hours reasonably expended on the litigation multiplied by a reasonable hourly rate.'" Ibrahim, 835 F.3d at 1060 (quoting Schwarz v. Sec. of Health & Human Servs., 73 F.3d 895, 901 (9th Cir. 1995)).
To support the position that counsel's hours should be reduced to 35 hours, Defendant relies on case law from various district courts indicating that twenty to forty hours is the benchmark for social security disability cases and cites Justice Sotomayor's concurrence in Astrue v. Ratliffe, 586 U.S. 599, 599 (2010) that "EAJA fee awards, which average only $3,000 to $4,000 per case, have proved to be a remarkably efficient way of improving access to the courts for the statute's intended beneficiaries, including thousands of recipients of Social Security and veteran's benefits each year." (Response at 4-5). Nothing in Justice Sotomayor's concurrence suggests that a request for more than $3,000 to $4,000 in a particular case would be unreasonable. Moreover, the Ninth Circuit has been clear that while district courts may consider that twenty to forty hours is the range most often requested and granted in social security cases, "courts cannot drastically reduce awards simply because the attorney has requested compensation for more than forty hours or make reductions with a target number in mind." Costa, 690 F.3d at 1136 (holding that it is "an abuse of discretion to apply a de facto policy limiting social security claimants to twenty to forty hours of attorney time in `routine' cases."). Instead, the court must explain why the amount of time requested on a particular task is too high. Id. "Any other approach fails to give deference to the winning lawyer's professional judgment as required," by the Ninth Circuit. Id. The Costa court also noted that "term `routine' is a bit of a misnomer as social security disability cases are often highly fact-intensive and require careful review of the administrative record, including complex medical evidence." Id. at 1134 n.1.
Other than characterizing the case as "routine", Defendant has not cited any specific instance of time expended that it contends was unreasonable. Although the record in Plaintiff's case was not exceedingly lengthy, it did consist of over 800 pages. The briefs filed by Plaintiff, through counsel, provided a detailed and comprehensive explanation of the procedural history and Plaintiff's medical history and alleged impairments. Plaintiff, through counsel, argued that the ALJ erred by: (1) improperly rejecting the opinion of Plaintiff's treating doctor; (2) improperly rejecting Plaintiff's symptom testimony, which required fact-intensive analysis of several reasons proffered by the ALJ as to why he found Plaintiff not to be fully credible; and (3) articulating a residual functional capacity assessment that was not supported by substantial evidence in the record.
According to Defendant, Plaintiff did not achieve substantial relief because her primary requested relief was for a remand awarding benefits, and not a remand for further proceedings as ordered by the Court. The Ninth Circuit has recognized that "where a plaintiff has only achieved limited success, not all hours expended on the litigation are eligible for inclusion in the lodestar, and even those that are eligible may be subject to a discretionary reduction." Ibrahim, 835 F.3d at 1060 (citing Hensley, 461 U.S. at 436). In cases where a plaintiff's success is limited, the Ninth Circuit has required district courts to follow a two-step inquiry. Id. (citation omitted). First the court must determine whether the claims upon which the plaintiff prevailed are related to the unsuccessful facts or are based on related legal theories. Id. "Time spent on unsuccessful claims the court deems related are to be included in the lodestar, while `[h]ours expended on unrelated, unsuccessful claims should not be included' to the extent those hours can be `isolated.'" Id. (quoting Webb v. Sloan, 330 F.3d 1158, 1168 (9
Plaintiff prevailed on all three arguments ("merits arguments") she raised in challenging the ALJ's decision. In the two-page conclusion of her Opening Brief, and in about one page of her Reply Brief
Upon review of Plaintiff's Motion for Award of Attorney's Fees and supporting documentation and Defendant's objection thereto, the Court finds that the time expended is reasonable under the circumstances and not excessive. Therefore, the Court awards Plaintiff attorney's fees in the amount of $8,828.98.
In light of Ratliff, 560 U.S. 586, the fees awarded pursuant to this Order shall be made payable to Plaintiff and are subject to the Treasury Offset Program, 31 U.S.C. §3716.
For the foregoing reasons,
IT IS ORDERED that Plaintiff's Motion for Award of Attorney's Fees Pursuant to the Equal Access to Justice Act (Doc. 32) is GRANTED.
IT IS FURTHER ORDERED that Plaintiff is awarded $8,828.98 in attorney's fees under the Equal Access to Justice Act. Payment shall be made payable to Plaintiff and delivered to Plaintiff's attorney of record at his office: Mark Caldwell, 320 E. Virginia Ave, Suite 100, Phoenix, AZ 85004.
The fees awarded are subject to the Treasury Offset Program, 31 U.S.C. §3716.